Beer Singh vs. CBI
Background
The appellant, an Assistant Sub-Inspector with CISF, was convicted by the trial court for demanding and accepting a bribe of Rs. 3,000 from a CISF Inspector in exchange for releasing a Rs. 10,000 sports kit allowance cheque. He was sentenced to two years' rigorous imprisonment under the Prevention of Corruption Act. On appeal, he argued that the cheque had already been handed over before the trap was laid, that he had no authority over the allowance, and that the recovered money was actually repayment of a personal loan.
Decision Breakdown
The High Court held that even though the cheque had been delivered a day before the trap, the complainant's consistent testimony, the pre-raid verification conversation, voice-identification evidence, and recovery of the tainted currency together proved a continuing demand and acceptance of gratification beyond reasonable doubt. The appellant's "loan" explanation was found to be unsupported by any documentary proof and insufficient to rebut the statutory presumption of guilt. The conviction and sentence were upheld and the appeal was dismissed.
Lesson Learnt
A public servant who demands money linked to official work commits bribery even if he has already performed the underlying favour; an unsupported after-the-fact excuse cannot undo strong evidence of demand and acceptance.