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Paka Saroja vs. The State of Andhra Pradesh

Criminal Appeal · 2023 INSC 844Decided 21 Sept 2023
Criminal Appeal No. 2173 of 2011
Bela M. Trivedi · Dipankar Datta

Background

The appellant's late husband, P. Sarangapani, a Sub-Registrar of Cooperative Societies, was convicted by a trial court and had his conviction upheld by the Andhra Pradesh High Court for demanding and accepting Rs. 1,500 as illegal gratification from a cooperative society member in exchange for letting him continue as society president. Both the accused and the original complainant died before the appeal reached the Supreme Court, so the appellant (the accused's widow) was allowed to continue the appeal in his place. The defence argued that since the complainant died before trial and could not testify, the demand for a bribe was never proved.

Decision Breakdown

The Supreme Court held that the death or unavailability of a complainant does not automatically defeat a corruption prosecution: the demand for a bribe can still be proved through other witnesses or documentary/circumstantial evidence, relying on the Constitution Bench ruling in Neeraj Dutta v. State (NCT of Delhi). Since the accused admitted receiving the money but claimed it was towards "audit fees," the burden shifted to him under Section 20 of the PC Act to rebut the presumption that the money was a bribe, which he failed to do: his explanation did not match the complainant's own recorded statement. Finding both the trial court and High Court had properly appreciated the evidence, the Supreme Court dismissed the appeal and upheld the conviction.

Lesson Learnt

In corruption cases, the death of the complainant does not close the door to conviction. The prosecution can still prove its case through other evidence, and once acceptance of money by a public servant is shown, the law presumes it was a bribe unless the accused can credibly prove otherwise.

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

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