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Jagtar Singh vs The State of Punjab (Criminal Appeal No. 2136 of 2010)

Criminal Appeal · 2023 INSC 279Decided 23 Mar 2023
Criminal Appeal No. 2136 of 2010
Abhay S. Oka · Rajesh Bindal

Background

The appellant, an office cleaner, was convicted by a Trial Court and the Punjab and Haryana High Court for demanding and accepting Rs. 300 as illegal gratification for supplying a death certificate. The complainant and the shadow witness who allegedly witnessed the handover both turned hostile during the trial and did not support the prosecution's version of events. The only remaining evidence was that of a vigilance officer who recovered marked currency notes from the appellant.

Decision Breakdown

Applying the Constitution Bench ruling in Neeraj Dutta v. State (Govt. of NCT of Delhi), the Supreme Court held that mere recovery of tainted money from a public servant, without proof of a "demand" for illegal gratification (through direct evidence or a valid circumstantial inference), cannot sustain a conviction under the Prevention of Corruption Act. Since the complainant and the shadow witness had turned hostile and no other evidence proved the demand, the Trial Court's own finding of no evidence of demand was correct, and the High Court had wrongly assumed a demand simply because money was recovered. The Supreme Court set aside the conviction and sentence, acquitted the appellant, and discharged his bail bond.

Lesson Learnt

In bribery prosecutions, the prosecution must prove both a demand for illegal gratification and its acceptance: recovery of money alone, especially where key witnesses turn hostile, is not enough to convict.

Official source (sci.gov.in)View Judgment (PDF)

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