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Somabhai Gopalbhai Patel v. State of Gujarat

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 1864 of 2011)Decided 24 Sept 2014
Criminal Appeal No. 1864 of 2011
Justice Madan B. Lokur · Justice C. Nagappan

Background

A village revenue official sought money from a farmer's son for documents needed to upgrade a borewell motor. An anti-corruption trap recovered ₹250 from the official. He challenged his conviction, saying demand was unproved and the money represented land revenue tax.

Decision Breakdown

The Supreme Court upheld the bribery convictions. The complainant's evidence of demand and payment was corroborated by the accompanying witness, recovery and powder traces. Permission to cross-examine the complainant did not mean his supportive testimony disappeared, and the tax explanation lacked documentary support. Considering the official's age and serious illnesses, the Court reduced imprisonment to six months and one year for the respective offences, running concurrently, while retaining fines and default terms.

Lesson Learnt

A claimed legitimate reason for receiving money must be tested against the evidence, including receipts or tax records. Reliable proof of demand, acceptance and recovery can establish bribery even when parts of a witness's evidence are challenged.

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

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