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Rajesh Gupta vs. State Through Central Bureau of Investigation

Criminal Appeal · 2022 INSC 359Decided 29 Mar 2022
Criminal Appeal No. 1769 of 2014
Vineet Saran · J.K. Maheshwari

Background

The appellant, an Assistant Commissioner of Income Tax, was accused of demanding and accepting a Rs. 15,000 bribe from a taxpayer, Madhu Bala, in connection with the scrutiny of her income tax case in 2000. He was convicted by the trial court and the conviction was upheld by the Delhi High Court, based on a CBI "trap" operation, a recorded phone conversation, and recovery of marked currency notes from his office table.

Decision Breakdown

The Supreme Court acquitted the appellant, finding serious gaps in the prosecution's proof of both the "demand" and the "acceptance" of the bribe, both of which the law requires to be proved beyond reasonable doubt before a corruption conviction can stand or any legal presumption of guilt can be applied. The key recorded conversation was inaudible and the transcript relied on to interpret it was of doubtful origin (the CBI had earlier told the trial court no such transcript existed). Independent "shadow witnesses" who accompanied the complainant did not actually witness the alleged handover, two officers present nearby did not support the demand allegation, and the phenolphthalein chemical test on the appellant's own hands came back negative, with only indirect traces found via other means. Mere recovery of currency notes, the Court held, is not enough to prove guilt without solid, corroborated proof of an actual demand and knowing, voluntary acceptance of a bribe.

Lesson Learnt

In corruption cases, prosecutors must prove an actual demand for a bribe and its knowing acceptance with cogent, corroborated evidence: simply finding marked currency near an accused official is not, by itself, sufficient to convict.

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

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