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N. Sunkanna v. State of Andhra Pradesh

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 1355 of 2015)Decided 14 Oct 2015
Criminal Appeal No. 1355 of 2015
Justice M.Y. Eqbal · Justice C. Nagappan

Background

The appellant was a Deputy Tahsildar (Civil Supplies Mandal Revenue Officer) in Kurnool, accused of demanding Rs. 300 as a monthly "mamool" from a fair-price shop dealer. An anti-corruption trap was laid, and the marked currency notes were recovered from his shirt pocket. The trial court and the High Court convicted him, but the complainant later turned hostile and said he had not been asked for any money.

Decision Breakdown

The Supreme Court allowed the appeal and acquitted the officer. It held that recovering tainted money is not enough by itself, because proof of a demand for illegal gratification is essential for an offence under section 7. Without proof of demand, the statutory presumption under section 20 (that the money was received for an official act) cannot arise, so the section 13(1)(d) charge also fails. Relying on two three-Judge Bench decisions (B. Jayaraj and P. Satyanarayana Murthy), the Court found that no witness proved any demand, the complainant had disowned his complaint, and the only remaining fact, possession of the notes, was admitted by the accused. The conviction and sentence were set aside.

Lesson Learnt

Being found with marked money does not automatically mean a conviction for bribery. The prosecution must also prove that the official actually demanded the bribe, and that is a separate and essential part of the case.

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

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