NECESSARY TO PROVE TWIN CONDITIONS OF ‘DEMAND’ AND ACCEPTANCE’ OF BRIBE IN A CASE UNDER PC ACT

The appellant was an employee of the Delhi Electricity Supply Undertaking, working on the post of Inspector at the time relevant.

An FIR was filed against him and one Rajinder Kumar, another employee of DESU, wherein it was alleged that the appellant had demanded Rs 4000 for installation of electricity connection in complainant’s factory.

On the basis of FIR, the CBI formed a raiding party and the whole procedure was followed. On the scene, the appellant asked the complainant to hand over the money to Rajinder Kumar. As soon as Rajinder Kumar accepted the money, the raiding party came in and the accused were caught. The trial court convicted the appellant as a fore stated. However, Rajinder Kumar was acquitted from all the charges.

It is pertinent to note that both the accused were acquitted of the charge under Section 120-B IPC (criminal conspiracy). The appellant filed an appeal to the High Court which was dismissed.

The Supreme Court, sitting in appeal, perused the record and noted that the case of the prosecution was that the appellant conspired with Rajinder Kumar to accept illegal gratification from the complainant.

The Court was of the opinion that once Rajinder Kumar and the appellant stood acquitted of the charge of conspiracy and further, Rajinder Kumar was acquitted of the charges under PC Act, the charged against the appellant must also fall on the ground.

Furthermore, in order to prove its case against the appellant, it was necessary for the prosecution to prove twin requirements of demand and acceptance of the bribe amount by the appellant. It was the case of the prosecution that the money was accepted by Rajinder Kumar and since the accused were acquitted of the charge of conspiracy, it could not be said that Rajinder Kumar accepted the money as illegal gratification for it on behalf of the appellant.

In such circumstances, there was no evidence to prove that the appellant accepted the money from the complainant. Resultantly, the Court held that the judgment impugned requires interference which was accordingly set aside. The appeal was. allowed and the appellant was acquitted of all the charges. [Dashrath Singh Chauhan v. CBI, 2018 SCC OnLine SC 1841, decided on 09-10-2018]