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M.R. Purushotham v. State of Karnataka

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 1578 of 2011)Decided 24 Sept 2014
Criminal Appeal No. 1578 of 2011
Justice Madan B. Lokur · Justice C. Nagappan

Background

A surveyor was accused of demanding ₹500 to supply a land-survey sketch, and police recovered marked currency after a trap. The trial court acquitted him, but the High Court convicted him of criminal misconduct under the Prevention of Corruption Act while finding the separate section 7 charge unproved. At trial, the complainant denied that the surveyor had demanded money and disowned his original complaint.

Decision Breakdown

The Court allowed the surveyor's appeal, set aside the conviction and sentence and acquitted him. Under the provisions considered, the prosecution had to prove a demand for illegal gratification as well as acceptance. The complainant did not support the alleged demand, and the prosecution supplied no other evidence that proved it. The accompanying witness's account of handing over money and the contents of the disowned complaint did not cure that gap. Mere possession and recovery of marked currency could not establish the charged criminal misconduct without proof of the demand.

Lesson Learnt

Finding marked money with a public servant did not by itself prove this bribery offence. The prosecution needed reliable evidence of the unlawful demand; this judgment does not say that every hostile complainant automatically requires an acquittal.

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

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