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Jaswinder Singh (Dead through LRs.) v. State of Punjab

Criminal Appeal · 2026 INSC 1031Decided 22 Sept 2026
Criminal Appeal No. 2137 of 2014
Justice Ujjal Bhuyan · Justice Arun Palli

Background

The appellant, a Patwari (village land-records official), was convicted in 2004 under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 for allegedly demanding and accepting a Rs.9,500 bribe from a complainant seeking mutation of his deceased brother's land in favour of the legal heirs. A trap was laid by the Vigilance Bureau, tainted currency notes were allegedly recovered from him, and his hands tested positive in a phenolphthalein solution test. The Punjab and Haryana High Court affirmed his conviction in 2013; the appellant later died during the pendency of the Supreme Court appeal, and his legal representatives continued the case.

Decision Breakdown

The Supreme Court reiterated settled law (from the Constitution Bench in Neeraj Dutta and later in Aman Bhatia) that proof of demand for illegal gratification, and its acceptance, is the essential ingredient ("sine qua non") of offences under Sections 7 and 13(1)(d) of the PC Act. Mere recovery of tainted money is not enough. On scrutinizing the evidence, the Court found that neither the informant's own corroborating witnesses (the shadow witness and an official witness) actually saw the money being handed over or recovered from the appellant's possession. Both categorically stated in cross-examination that they were not present at that moment, and their versions even conflicted on which pocket the money was recovered from. Since neither the demand nor the acceptance of the bribe was proved by direct or reliable evidence, the Court held the conviction unsustainable and acquitted the appellant, allowing the appeal.

Lesson Learnt

In bribery prosecutions, merely recovering tainted currency notes or a positive chemical test is not sufficient for conviction. The prosecution must affirmatively prove, through credible witnesses, both the demand for a bribe by the public servant and its actual acceptance; gaps or contradictions among the raid witnesses on this point can be fatal to the prosecution's case even years after conviction.

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

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