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State of Andhra Pradesh v. P. Venkateshwarlu

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 1317 of 2008)Decided 6 May 2015
Criminal Appeal No. 1317 of 2008
Justice Pinaki Chandra Ghose · Justice Uday Umesh Lalit

Background

The respondent, a Sub-Registrar in Khammam District, Andhra Pradesh, was alleged to have demanded and accepted a bribe of Rs.500 (after initially demanding Rs.1000) from a complainant seeking to register a Will deed. A trap was laid by the Anti-Corruption Bureau, the tainted money was recovered from the respondent, and he was convicted by the trial court under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act. The Andhra Pradesh High Court later set aside this conviction and acquitted him, prompting the State to appeal to the Supreme Court.

Decision Breakdown

The Supreme Court held that the prosecution had successfully established both the demand and the acceptance of the bribe money, and that the recovery of the tainted amount from the respondent went unchallenged. It found that the respondent had failed to rebut the statutory presumption of guilt under Section 20 of the Prevention of Corruption Act once demand and acceptance were proved. The Court therefore struck down the High Court's order of acquittal, restored the trial court's conviction and sentence (one year's rigorous imprisonment and a fine on each count, with sentences to run concurrently), and allowed the State's appeal.

Lesson Learnt

Once the prosecution proves that a public servant demanded and accepted money as a bribe, the law presumes corrupt intent, and the accused bears the burden of disproving that presumption with evidence: a bare denial or an unexplained acquittal by a lower court will not survive scrutiny if that burden isn't discharged.

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

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