Falil Ur Rehman vs Ut Of J&K on 30 June, 2026

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    Jammu & Kashmir High Court – Srinagar Bench

    Falil Ur Rehman vs Ut Of J&K on 30 June, 2026

    Author: Sanjay Dhar

    Bench: Sanjay Dhar

                                                                             2026:JKLHC-SGR:207
    
    
    
    
         IN THE HIGH COURT OF JAMMU & KASHMIR AND
                     LADAKH AT SRINAGAR
    
                                        Reserved on: 21.05.2026
                                        Pronounced on: 30.06.2026
                                        Uploaded on: 01.07.2026
                                        Whether the operative part
                                        or   full  judgment     is
                                        pronounced:          Full
    
    
                                 CrlA(S) No.01/2020
    
    FALIL UR REHMAN                               ... APPELLANT(S)
           Through: -     Mr. M. Y. Bhat, Sr. Advocate, with
                          Mr. Sajid, Advocate.
    
    Vs.
    
    UT OF J&K                                         ...RESPONDENT(S)
           Through: -     Mr. Haaris Khan, Assisting Counsel, vice
                          Mr. Mohsin S. Qadiri, Sr. AAG.
    
    
    CORAM:        HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
    
                                    JUDGMENT
    

    1) The present appeal is directed against judgment dated

    12.02.2020 passed by the learned Special Judge

    SPONSORED

    Anticorruption, Kashmir, Srinagar (hereinafter referred to as

    the trial court) whereby the appellant has been convicted of

    offences under Section 5(1)(d) read Section 5(2) of J&K

    Prevention of Corruption Act [ for short “the PC Act“] and

    Section 161 of RPC. Vide the impugned judgment, the

    appellant has been sentenced to undergo simple

    imprisonment for a period of one year and to pay a fine of
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    Rs.10,000/ in proof of offence under Section 5(1)(d) read

    with Section 5(2) of the PC Act. In proof of offence under

    Section 161 of RPC, the appellant has been sentenced to

    undergo simple imprisonment for a period of six months and

    to pay a fine of Rs.2000/. In default of payment of fine, the

    appellant has been sentenced to undergo simple

    imprisonment for a further period of six months. Both the

    sentences have been directed to run concurrently.

    2) As per the prosecution case, on 03.03.2008,

    complainant-PW Ab. Rashid Wani, lodged a written

    complaint before the Vigilance Organization, Kashmir,

    alleging therein that he had submitted an application to

    State Forest Corporation, Srinagar, for sanction of 50 CFT

    timber about five months back and on 12.11.2007, the

    sanction order was issued in his favour. It was alleged in the

    complaint that when the complainant approached Range

    Officer SFC, Rajbagh, Srinagar, he was told that as soon as

    the stock of timber will become available at PC Depot,

    Parimpora, Srinagar, the allotted timber will be issued in his

    favour. The complainant further alleged that when he

    approached In-charge PC Depot, Parimpora, the appellant

    herein, he demanded Rs.7500 as bribe for issuance of

    sanctioned timber. It was further alleged in the complaint

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    that after great persuasion, the deal relating to payment of

    bribe was settled at Rs.4000, which was to be paid to the

    appellant on 03.03.2008. According to the complainant, he

    was reluctant to pay bribe, as such, he approached Vigilance

    Organization, Kashmir, along with an amount of Rs.4000

    and prayed for legal action against the appellant.

    3) On the basis of aforesaid complaint, FIR No.8/2008 for

    offences under Section 5(1)(d) read with Section 5(2) of the

    PC Act and Section 161 of RPC came to be registered with

    Police Station Vigilance Organization, Kashmir (VOK) and

    investigation was commenced. A trap team comprising

    officers/officials of VOK was constituted for laying trap

    against the appellant/ accused. Services of one independent

    witness, PW-Prince Ahmad Khan, Senior Assistant,

    Commercial Tax Department, Srinagar, were also

    requisitioned and he was associated in the trap proceedings.

    The complainant is stated to have produced Rs.4000/

    comprising three currency notes, each of Rs.1000/

    denomination and ten currency notes of Rs.100/

    denomination before the members of the trap team.

    4) After conducting pre-trap demonstration, the

    complainant along with other members of the trap team

    proceeded to PC Depot, Parimpora. On reaching there, the
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    complainant and the independent witness approached the

    appellant in his office and after some time, the appellant and

    the complainant came out of the office and they went to a

    tea stall outside the office premises and the independent

    witness followed them. It is further alleged that the

    appellant/accused demanded and accepted Rs.4000/ as

    bribe from the complainant and kept the same in the left

    back pocket of his trouser, whereafter he came out of the tea

    stall. The whole transaction was watched by the independent

    witness. Thereafter a pre-fixed signal was given by the

    complainant to other members of the trap team who rushed

    to the spot and apprehended the appellant/accused. Upon

    search of left back pocket of his trouser, the tainted money

    was recovered from his possession which was seized on spot.

    Thereafter the appellant/accused was made to wash his

    hands in the solution of Sodium Carbonate which turned

    pink. Similarly, left back pocket of trouser of the

    appellant/accused was also washed in Sodium Carbonate

    solution and the same also turned pink. These solutions

    were put in bottles and the same were sealed on spot.

    Thereafter the appellant/accused was arrested and during

    his personal search, his identity card, a mobile phone and

    an amount of Rs.2400/ were recovered and seized. The

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    investigating agency also seized the sanction order bearing

    No.833063 dated 12.11.2007 and GR No.1277 dated

    08.11.2007 produced by the complainant. The statement of

    the complainant PW-Ab. Rashid Wani under Section 164A

    Cr.P.C was recorded before the Judicial Magistrate, 1st

    Class, and the statements of other witnesses conversant

    with the facts of the case were recorded under Section 161

    of the Cr.P.C. After investigation of the case, offences under

    Section 5(1)(d) read with Section 5(2) of PC Act and Section

    161 of RPC were found established against the

    appellant/accused and the challan was laid before the trial

    court.

    5) Vide order dated 25.04.2011, the learned trial court

    framed charges for offences under Section 5(1)(d) read with

    Section 5(2) of the PC Act and Section 161 of RPC against

    the appellant/accused, who denied the charges and claimed

    to be tried. Accordingly, the prosecution was directed to lead

    evidence in support of the charges. In order to prove the

    charges, the prosecution besides examining complainant PW

    Ab. Rashid Wani, and shadow witness PW Prince Ahmad

    Khan, also examined members of the trap team, namely,

    Inspector Mohammad Rafi, Inspector Bashir Ahmad Mir and

    Constable Abdul Rashid Khan as witnesses in support of

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    their case. PW Abdul Majid Khan was examined to prove

    investigation whereas PW Ghulam Hassan Bhat was

    examined to prove registration of FIR. Besides this, Scientific

    Officer, PW Shabir Ahmad Yesvi, PW Zahoor Ahmad Mir,

    Field Worker, SFC, Parimpora, and PW Abdul Rashid,

    Divisional Manager, JKSFC, were also examined by the

    prosecution.

    6) After completion of the prosecution evidence, the

    incriminating circumstances appearing in the prosecution

    evidence were put to the appellant/accused for seeking his

    explanation and, accordingly, his statement under Section

    342 of J&K Cr. P. C. was recorded on 22.11.2018. In his

    statement the appellant/accused put up a defence that the

    complainant is an interested witness and that there was no

    occasion for him to make any demand of bribe as there was

    no release order in favour of the complainant nor any

    document was marked to him. The appellant expressed his

    ignorance about the trap proceedings. He termed the

    evidence with regard to recovery of tainted money from his

    possession as biased, inconsistent and contradictory.

    7) Though the appellant sought time to lead evidence yet

    no witness was produced by him in defence and he made a

    statement before the trial court that he does not want to
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    produce any witness in defence. The case was, accordingly,

    set down for final arguments.

    8) The learned trial court vide the impugned judgment

    dated 12.02.2020 framed the following four points for

    determination:

    a) Whether complainant approached State Forest
    Corporation for sanction of 50 Cft of timber and
    sanction order was accordingly issued in his
    favour;

    b) Whether complainant approached PC Depot
    Parimpora Srinagar for allotment of sanctioned
    timber where accused Falil-ul-Rehman met him
    who demanded Rs.7500/- as bribe for issuance of
    sanction timber and bribe money was settled to
    an amount of Rs.4000/-;

    c) Whether complainant paid the bribe money of
    Rs.4000/- to the accused on the day of trap who
    accepted the same and was subsequently
    recovered from the pocket of the pent that the
    accused was wearing by trap team;

    d) Whether positive hand wash and pocket wash
    confirmed that accused handled the bribe money;

    9) After analysing the evidence on record, the learned trial

    court vide the impugned judgment came to the conclusion

    that the complainant had approached State Forest

    Corporation for sanction of 50 CFT of timber and the same

    was sanctioned in his favour. The learned trial court further

    recorded a finding that the prosecution has succeeded in

    proving the initial demand of illegal gratification made by the

    appellant/accused from the complainant. The learned trial
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    court also came to the conclusion that the prosecution has

    succeeded in proving the demand and payment of illegal

    gratification to the appellant/accused during the trap

    proceedings, pursuant whereto, an amount of Rs.4000/ was

    paid by the complainant to the appellant/accused who

    accepted it and put the same in left back pocket of his

    trouser, wherefrom the same was recovered. It was also

    concluded that chemical tests carried out on spot confirmed

    that the appellant/accused had handled the tainted

    currency notes. On the basis of these findings, the learned

    trial court recorded the impugned judgment of conviction

    and sentence against the appellant/accused which is under

    challenge in the present appeal.

    10) The appellant has challenged the impugned judgement

    on the grounds that the sanction for prosecution against him

    has not been proved in the present case as only Xerox copy

    of the sanction order has been placed on record of the

    challan. It has been contended that the appellant/accused

    was not competent to issue timber in favour of the

    complainant because the order relating to sanction of timber

    was not endorsed to him and, therefore, there was no

    occasion for the appellant/accused to demand bribe from

    the complainant. It has been contended by the appellant that

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    the impugned judgment is against the facts and the legal

    position. It has been further contended that the shadow

    witness has clearly stated that there was no conversation

    about bribe between the complainant and the accused and

    that the bribe money was not tendered by the complainant

    to the accused. It has been contended that PW Zahoor

    Ahmad Mir, who was present on spot, has clearly stated that

    the complainant forcibly tried to tender bribe money to the

    accused but he returned the same twice. According to the

    appellant, there are grave contradictions in the statements

    of prosecution witnesses. It has been contended that the

    impugned judgment has been passed without appreciating

    the evidence and the material on record and that the findings

    recorded by the learned trial court are perverse. It has been

    also contended that without proof of demand and acceptance

    of illegal gratification, mere recovery of the tainted money

    from the possession of the appellant/accused would not be

    enough to record judgment of conviction against him.

    11) I have heard learned counsel for the parties and

    perused the impugned judgment, the grounds of appeal,

    evidence on record and record of the trial court.

    12) As already stated, the charge against the

    appellant/accused, which was subject matter of trial before
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    the learned trial court, is that he, in his capacity as Incharge

    PC Depot, SFC, Parimpora, had demanded illegal

    gratification from the complainant, PW Ab. Rashid Wani, for

    release of timber that was sanctioned in his favour in terms

    of sanction order dated 12.11.2007, regarding which he had

    also deposited the requisite amount vide GR dated

    08.11.2007. It is the case of the prosecution that when the

    trap was laid by the sleuths of VOK on 03.03.2008, the

    appellant/accused had demanded and accepted tainted

    currency notes amounting to Rs.4000/ which were later on

    recovered from the left side back pocket of his trouser.

    13) The first contention that has been raised by learned

    Senior Counsel appearing for the appellant is that in the

    present case sanction for prosecuting the appellant/accused

    has not been proved, inasmuch as the original order

    according sanction for prosecution against the

    appellant/accused was not placed on record of the challan.

    On this ground it is being contended that the very

    cognizance of the offences against the appellant/accused is

    vitiated and, as such, he deserves to be acquitted of the

    charges.

    14) In the above context, if we have a look at the trial court

    record, it does appear that a copy of the original sanction
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    order bearing SFC order No.848 of 2010 dated 27.12.2010,

    endorsed to the Vigilance Organization, is available on the

    record. The learned trial court, while dealing with this aspect

    of the matter, has observed that since copy of the original

    sanction order is on record, as such, contention of the

    accused is not tenable. However, the accused/appellant did

    not raise the issue with regard to validity of the sanction

    order until final hearing before the trial court. The

    authenticity of the sanction order has not been disputed by

    the appellant either during cross-examination of the

    prosecution witnesses including the investigating officer or

    while making statement under Section 342 of J&K Cr. P. C.

    The question arises as to whether it is legally permissible for

    the appellant/accused to raise this issue before the

    Appellate Court.

    15) In the above context, it would be apt to notice the

    provisions contained in clause (a) of sub-section (3) of

    Section 6 of the PC Act. It reads as under:

    (3) Notwithstanding anything contained in the Code of Criminal
    Procedure
    , Samvat 1989 –

    (a) no finding, sentence or order passed by a Special Judge shall
    be reversed or altered by a court in appeal, confirmation or
    revision on the ground of any error, omission or irregularities in,
    the sanction required under sub-section (1), unless in the opinion
    of that court, a failure of justice has in fact occasioned thereby.

    From a perusal of the aforesaid provision, it becomes

    clear that a finding, sentence or order passed by a Special
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    Judge cannot be reversed or altered by a court in an appeal

    etc. on the ground of any error, omission or irregularity in

    the sanction for prosecution of the accused mandated in

    terms of sub-section (1) of Section 6 of the PC Act unless it

    is shown that it has resulted in failure of justice.

    16) Thus, unless it is shown by the appellant/accused that

    because of omission on the part of the prosecution to place

    on record the original sanction order before the trial court

    failure of justice has occasioned, such omissions will not

    lead to reversal of finding of guilt recorded by the learned

    trial court against the appellant/accused.

    17) In my aforesaid view, I am supported by the judgment

    of the Supreme Court delivered in the case of Central

    Bureau of Investigation v. V.K. Sehgal and another,

    (1999) 8 SCC 501. While dealing with a similar issue, the

    Supreme Court has, in the said case, after noticing the

    provisions contained in Section 465 of the Code of Criminal

    Procedure (Central), which are somewhat similar to the

    provisions contained in sub-section (3) of Section 6 of the

    J&K PC Act, observed as under:

    11. In a case where the accused failed to raise the question of
    valid sanction the trial would normally proceed to its logical
    end by making a judicial scrutiny of the entire materials. If that
    case ends in conviction there is no question of failure of
    justice on the mere premise that no valid sanction was
    accorded for prosecuting the public servant because the very

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    purpose of providing such a filtering check is to safeguard
    public servants from frivolous or mala fide or vindictive
    prosecution on the allegation that they have committed
    offence in the discharge of their official duties. But once the
    judicial filtering process is over on completion of the trial the
    purpose of providing for the initial sanction would bog down to
    a surplusage. This could be the reason for providing a bridle
    upon the appellate and revisional forums as envisaged in
    Section 465 of the Code of Criminal Procedure.

    18) The Supreme Court in the aforesaid case, after

    noticing the provisions contained in Section 19(3) of the

    Prevention of Corruption Act, 1988 (Central Act), which is in

    pari-materia with the provisions contained in Section 6(3) of

    the J&K PC Act, held that no conviction and sentence can be

    altered or reversed merely on the ground of absence of

    sanction, much less on the ground of want of competency of

    the authority who granted the sanction.

    19) Turning to the facts of the present case, as already

    stated, the appellant/accused did not raise the objection

    with regard to admissibility in evidence of the order of

    sanction during the trial of the case. Thus, no question of

    failure of justice in the present case would arise. Once the

    allegations against the appellant/accused have been

    subjected to full dressed trial by the trial court, the purpose

    of initial sanction for prosecution gets fulfilled. It has been

    observed by the Supreme Court in V. K. Sehgal‘s case

    (supra), that the purpose of precondition of sanction for

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    launching a prosecution against a public servant is to filter

    frivolous complaints against the public servant and to

    safeguard him from vindictive prosecution, but once he has

    waived his right to raise an objection relating to

    absence/irregularity of sanction and the allegations levelled

    against him have been subjected to full-dressed trial, the

    insistence upon the sanction for prosecution would be

    unnecessary. In this view of the matter, the contention

    raised by the appellant/accused does not have any force.

    20) The learned Senior Counsel appearing for the appellant

    has laid much emphasis on the contention that in the

    present case, demand of illegal gratification by the

    appellant/accused from the complainant at the time of trap

    proceedings is not established. It has been contended that

    shadow witness PW Prince Ahmad Khan has categorically

    stated that while he was watching the accused and the

    complainant, there was no conversation between them with

    regard to demand of bribe nor there was any transaction of

    bribe money. He has also referred to the statement of PW

    Zahoor Ahmad Ahamd Mir, who, as per the prosecution

    case, was also present on spot at the time of alleged

    transaction of bribe money between complainant and the

    accused. It has been submitted that the said witness has

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    categorically stated that the complainant tried to tender

    bribe money to the accused twice but he refused to take the

    same.

    21) According to the learned Senior Counsel, in the

    absence of corroboration to the statement of the complainant

    as regards the demand and acceptance of tainted money by

    the accused during trap proceedings, the same cannot be

    relied upon. It has been contended that the complainant in

    a trap case has to be treated as an accomplice and his

    uncorroborated testimony cannot be relied upon. According

    to the learned Senior Counsel, the essential ingredients of

    demand and acceptance of tainted money by the

    appellant/accused during the trap proceedings have not

    been established and, therefore, mere recovery of tainted

    money from the possession of the appellant/accused would

    not be enough to record conviction against him.

    22) There is no dispute to the legal position that in order to

    prove an offence under Section 5(2) of the J&K PC Act read

    with Section 161 of RPC, it is incumbent upon the

    prosecution to prove with cogent and convincing evidence

    that the accused made the demand of illegal gratification,

    that pursuant to the said demand the illegal gratification

    was paid to the accused and the same was recovered from
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    him. Unless all the aforesaid three aspects of the case are

    proved beyond reasonable doubt, the legal presumption

    arising out of Section 4 of the J&K PC Act does not get

    attracted. The question that is required to be determined in

    the instant case is whether in the absence of corroboration

    to the statement of the complainant, PW Ab. Rashid Wani,

    to demand and acceptance of illegal gratification by the

    appellant/accused during the trap proceedings by the

    shadow witness, PW Prince Ahmad Khan, it can be stated

    that the said essential ingredient of offence under Section

    5(2) of PC Act read with Section 161 of RPC is established.

    23) In order to find an answer to the aforesaid question, it

    would be apt to survey legal position regarding the reliability

    of uncorroborated testimony of a trap witness that has

    emanated from various precedents handed down by the

    Supreme Court from time to time.

    24) The Supreme Court has, in the case of Prakash Chand

    vs. State Delhi Administration, (1979) 3 SCC 90, while

    dealing with the issue as to whether conviction can be based

    on uncorroborated testimony of a trap witness, held that a

    trap witness may perhaps be considered as a person

    interested in the success of trap and that may entitle a Court

    to view his evidence as that of an interested witness. The
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    Court further held that where the circumstances justify it, a

    Court may refuse to act upon the uncorroborated testimony

    of a trap witness but on the other hand, a court may well be

    justified in acting upon the uncorroborated testimony of a

    trap witness if the court is satisfied from the facts and

    circumstances of the case that the witness is a witness of

    truth.

    25) In M. O. Shamsudhin vs. State of Kerala, (1995) 3

    SCC 351, the Supreme Court has, while dealing with the

    argument that statement of a bribe giver being in the nature

    of an accomplice cannot be relied upon without

    corroboration, explained the legal position on the issue in

    the following manner:

    11. Since this is an argument which is frequently
    put forward in all cases of bribery, we would like
    to examine the scope, nature and extent of
    corroboration that is necessary in such cases.

    The word ‘accomplice’ is not defined in the
    Evidence Act. However, it is accepted that the
    word is used in its ordinary sense which means
    and signifies a guilty partner or associate in a
    crime. Illustration (b) to Section 114 in a way
    cautions the court to bear in mind the
    presumption that an accomplice is not worthy of
    credit unless he is corroborated in material
    particulars. Section 133 of the Act, however,
    declares that an accomplice shall be a
    competent witness against an accused person
    and a conviction is not illegal merely because it
    proceeds on the uncorroborated testimony of an
    accomplice. The relation between Section 133
    which is a rule of law and Illustration (b) to Section
    114 which is a rule of prudence has been the
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    subject of comment in a large number of
    decisions. However, it has emerged that a
    conviction based on the uncorroborated
    testimony of an accomplice is not illegal though
    an accomplice may be unworthy of credit for
    several reasons. Reading Section 133 and
    Illustration (b) to Section 114 of the Evidence Act
    together, the courts in India have held that while it
    is not illegal to act upon the uncorroborated
    testimony of the accomplice the rule of prudence
    so universally followed has to amount to rule of
    law that it is unsafe to act on the evidence of an
    accomplice unless it is corroborated in material
    aspects so as to implicate the accused. The
    reasons for requiring corroboration of the
    testimony of an accomplice are that an
    accomplice is likely to swear falsely in order to
    shift the guilt from himself and that he is an
    immoral person being a participator in the crime
    who may not have any regard to any sanction of
    the oath and in the case of an approver, on his
    own admission, he is a criminal who gives
    evidence under a promise of pardon and supports
    the prosecution with the hope of getting his own
    freedom.

    12. Now confining ourselves to the case of bribery
    it is generally accepted that the person offering a
    bribe to a public officer is in the nature of an
    accomplice in the offence of accepting illegal
    gratification but the nature of corroboration
    required in such a case should not be subjected
    to the same rigorous tests which are generally
    applied to a case of an approver. Though bribe-
    givers are generally treated to be in the nature of
    accomplices but among them there are various
    types and gradations. In cases under the
    Prevention of Corruption Act the complainant is
    the person who gives the bribe in a technical and
    legal sense because in every trap case wherever
    the complaint is filed there must be a person who
    has to give money to the accused which in fact is
    the bribe money which is demanded and without
    such a giving the trap cannot succeed. When
    there is such a demand by the public servant from
    a person who is unwilling, and if to do public good
    approaches the authorities and lodges a
    complaint, then in order that the trap succeeds he
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    has to give the money. There could be another
    type of bribe-giver who is always willing to give
    money in order to get his work done and having got
    the work done he may send a complaint. Here he
    is a particeps criminis in respect of the crime
    committed and thus is an accomplice. Thus,
    there are grades and grades of accomplices and
    therefore a distinction could as well be drawn
    between cases where a person offers a bribe to
    achieve his own purpose and where one is forced
    to offer bribe under a threat of loss or harm that is
    to say under coercion. A person who falls in this
    category and who becomes a party for laying a
    trap stands on a different footing because he is
    only a victim of threat or coercion to which he was
    subjected to. Where such witnesses fall under the
    category of ‘accomplices’ by reason of their being
    bribe-givers, in the first instance, the court has to
    consider the degree of complicity and then look
    for corroboration if necessary as a rule of
    prudence. The extent and nature of corroboration
    that may be needed in a case may vary having
    regard to the facts and circumstances.

    13. The word ‘corroboration’ means not mere
    evidence tending to confirm other evidence.
    In DPP v. Hester , Lord Morris said:

    “The purpose of corroboration is not to give
    validity or credence to evidence which is
    deficient or suspect or incredible but only
    to confirm and support that which as
    evidence is sufficient and satisfactory and
    credible; and corroborative evidence will
    only fill its role if it itself is completely
    credible….”

    In DPP v. Kilbourne , it was observed thus:

    “There is nothing technical in the idea of
    corroboration. When in the ordinary affairs
    of life one is doubtful whether or not to
    believe a particular statement one
    naturally looks to see whether it fits in with
    other statements or circumstances
    relating to the particular matter; the better
    it fits in the more one is inclined to believe
    it. The doubted statement is corroborated
    to a greater or lesser extent by the other

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    statements or circumstances with which it
    fits in.”

    14. In R. v. Baskerville , which is a leading case on
    this aspect, Lord Reading said:

    “There is no doubt that the uncorroborated
    evidence of an accomplice is admissible in
    law…. But it has long been a rule of practice
    at common law for the judge to warn the
    jury of the danger of convicting a prisoner
    on the uncorroborated testimony of an
    accomplice or accomplices, and, in the
    discretion of the judge, to advise them not
    to convict upon such evidence; but the
    judge should point out to the jury that it is
    within their legal province to convict upon
    such unconfirmed evidence…. This rule of
    practice has become virtually equivalent to
    a rule of law, and since the Court of
    Criminal Appeal Act, 1907, came into
    operation this Court has held that, in the
    absence of such a warning by the judge, the
    conviction must be quashed…. If after the
    proper caution by the judge the jury
    nevertheless convicts the prisoner, this
    Court will not quash the conviction merely
    upon the ground that the testimony of the
    accomplice was uncorroborated.”

    15. In Rameshwar v. State of Rajasthan, Bose, J.,
    after referring to the rule laid down in Baskerville
    case with regard to the admissibility of the
    uncorroborated testimony of an accomplice, held
    thus:

    “That, in my opinion, is exactly the law in
    India so far as accomplices are concerned
    and it is certainly not any higher in the case
    of sexual offences. The only clarification
    necessary for purposes of this country is
    where this class of offence is sometimes
    tried by a judge without the aid of a jury. In
    these cases it is necessary that the judge
    should give some indication in his
    judgment that he has had this rule of
    caution in mind and should proceed to give
    reasons for considering it unnecessary to
    require corroboration on the facts of the
    particular case before him and show why

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    he considers it safe to convict without
    corroboration in that particular case.”

    Justice Bose in the same judgment further
    observed thus:

    “I turn next to the nature and extent of the
    corroboration required when it is not
    considered safe to dispense with it. Here,
    again, the rules are lucidly expounded by
    Lord Reading in Baskerville case at pages
    664 to 669. It would be impossible, indeed
    it would be dangerous, to formulate the
    kind of evidence which should, or would,
    be regarded as corroboration. Its nature
    and extent must necessarily vary with
    circumstances of each case and also
    according to the particular circumstances
    of the offence charged. But to this extent
    the rules are clear.

    First, it is not necessary that there should
    be independent confirmation of every material
    circumstance in the sense that the independent
    evidence in the case, apart from the testimony of
    the complainant or the accomplice, should in
    itself be sufficient to sustain conviction. As Lord
    Reading says —

    ‘Indeed, if it were required that the
    accomplice should be confirmed in
    every detail of the crime, his
    evidence would not be essential to
    the case, it would be merely
    confirmatory of other and
    independent testimony.’
    All that is required is that there must be
    ‘some additional evidence rendering it probable
    that the story of the accomplice (or complainant)
    is true and that it is reasonably safe to act upon it’.

    Secondly, the independent evidence must
    not only make it safe to believe that the crime was
    committed but must in some way reasonably
    connect or tend to connect the accused with it by
    confirming in some material particular the
    testimony of the accomplice or complainant that
    the accused committed the crime. This does not
    mean that the corroboration as to identity must
    extend to all the circumstances necessary to
    identify the accused with the offence. Again, all
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    that is necessary is that there should be
    independent evidence which will make it
    reasonably safe to believe the witness’s story that
    the accused was the one, or among those, who
    committed the offence. The reason for this part of
    the rule is that —

    ‘a man who has been guilty of a
    crime himself will always be able to relate
    the facts of the case, and if the
    confirmation be only on the truth of that
    history, without identifying the persons,
    that is really no corroboration at all…. It
    would not at all tend to show that the party
    accused participated in it.’
    Thirdly, the corroboration must come from
    independent sources and thus ordinarily the
    testimony of one accomplice would not be
    sufficient to corroborate that of another. But of
    course the circumstances may be such as to
    make it safe to dispense with the necessity of
    corroboration and in those special
    circumstances a conviction so based would not
    be illegal. I say this because it was contended that
    the mother in this case was not an independent
    source.

    Fourthly, the corroboration need not be
    direct evidence that the accused committed the
    crime. It is sufficient if it is merely circumstantial
    evidence of his connection with the crime. Were it
    otherwise, ‘many crimes which are usually
    committed between accomplices in secret, such
    as incest, offences with females’ (or unnatural
    offences) ‘could never be brought to justice’. ”

    16. We shall now refer to some of the judgments
    wherein the rule of corroboration has been
    considered in respect of the bribery cases. In Rao
    Shiv Bahadur Singh v. State of Vindhya
    Pradesh
    there are observations to the effect that
    the evidence of the trap witnesses cannot be
    taken on its face value thereby indicating that
    their evidence cannot be relied upon without
    independent corroboration.
    In State of
    Bihar v. Basawan Singh
    a Bench of five Judges
    considered this “corroboration requirement” and
    after referring to the observations made in Rao

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    Shiv Bahadur Singh case explained them in the
    following manner:

    “If the witnesses are not
    accomplices, what then is their position?
    In Shiv Bahadur Singh case (A) it was
    observed, with regard to Nagindas and
    Pannalal, that they were partisan
    witnesses who were out to entrap the
    appellant in that case, and it was further
    observed: ‘A perusal of the evidence …
    leaves in the mind the impression that they
    were not witnesses whose evidence could
    be taken as its face value.’ We have taken
    the observations quoted above from a full
    report of the decision, as the authorised
    report does not contain the discussion with
    regard to evidence. It is thus clear that the
    decision did not lay down any universal or
    inflexible rule of rejection even with regard
    to the evidence of witnesses who may be
    called partisan or interested witnesses. It is
    plain and obvious that no such rule can be
    laid down; for the value of the testimony of
    a witness depends on diverse factors, such
    as, the character of the witness, to what
    extent and in what manner he is interested,
    how he has fared in cross-examination etc.

    There is no doubt that the testimony of
    partisan or interested witnesses must be
    scrutinised with care and there may be
    cases, as in Shiv Bahadur Singh case (A),
    where the Court will as a matter of
    prudence look for independent
    corroboration. It is wrong, however, to
    deduce from that decision any universal or
    inflexible rule that the evidence of the
    witnesses of the raiding party must be
    discarded, unless independent
    corroboration is available.”

    This Court in the above case concluded thus:

    “The correct rule is this: if any of the
    witnesses are accomplices who
    are particeps criminis in respect of the
    actual crime charged, their evidence must
    be treated as the evidence of accomplices
    is treated; if they are not accomplices but
    are partisan or interested witnesses, who
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    are concerned in the success of the trap,
    their evidence must be tested in the same
    way as other interested evidence is tested
    by the application of diverse
    considerations which must vary from case
    to case, and in proper case, the Court may
    even look for independent corroboration
    before convicting the accused person.”

    It was further concluded thus:

    “As was observed by Lord Reading
    in Baskerville (C) even in respect of the
    evidence of an accomplice, all that is
    required is that there must be ‘some
    additional evidence rendering it probable
    that the story of the accomplice is true and
    that it is reasonably safe to act upon it’.
    In Rameshwar at p. 385 (B), to which we
    have referred in an earlier paragraph, the
    nature and extent of corroboration
    required, when it is not considered safe to
    dispense with it, have been clearly
    explained and it is merely necessary to
    reiterate that corroboration need not be
    direct evidence that the accused
    committed the crime; it is sufficient even
    though it is merely circumstantial evidence
    of his connection with the crime.”

    17. In a later case namely Major E.G.
    Barsay v. State of Bombay
    it was held by this
    Court that though a trap witness is not an
    approver he is certainly an interested witness in
    that he is interested to see that the trap laid by him
    succeeds and he could at the most be equated
    with the partisan witnesses which needs
    corroboration.
    Relying on the ratio laid down
    in
    Basawan Singh case a Bench of three Judges
    in Bhanuprasad Hariprasad Dave v. State of
    Gujarat
    held thus:

    “Now coming back to the contention
    that the appellants could not have been
    convicted solely on the basis of the
    evidence of Ramanlal and the police
    witnesses, we are of opinion that it is an
    untenable contention. The utmost that can
    be said against Ramanlal, the Dy SP,
    Erulker and Santramji is that they are

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    partisan witnesses as they were interested
    in the success of the trap laid by them. It
    cannot be said — and it was not said — that
    they were accomplices. Therefore, the law
    does not require that their evidence should
    be corroborated before being accepted as
    sufficient to found a conviction. This
    position is placed beyond controversy by
    the decision of this Court in State of
    Bihar v. Basawan Singh
    wherein this Court
    laid down, overruling the decision in Rao
    Shiv Bahadur Singh v. State of Vindhya
    Pradesh
    that where the witnesses are not
    accomplices but are merely partisan or
    interested witnesses who are concerned in
    the success of the trap, their evidence
    must be tested in the same way as any
    other interested evidence is tested and in a
    proper case, the court may look for
    independent corroboration before
    convicting the accused person. We are
    unable to agree that any different rule was
    laid down in E.G. Barsay v. State of
    Bombay
    .
    It must be remembered that the
    decision in Basawan Singh case was given
    by a Bench of five Judges and that decision
    was binding on the Bench that
    decided Barsay case .
    Some of the
    observations in Barsay case no doubt
    support the contention of the appellants.
    But those observations must be confined
    to the peculiar facts of that case. It is now
    well settled by a series of decisions of this
    Court that while in the case of evidence of
    an accomplice, no conviction can be
    based on his evidence unless it is
    corroborated in material particulars but as
    regards the evidence of a partisan witness
    it is open to a court to convict an accused
    person solely on the basis of that evidence,
    if it is satisfied that that evidence is reliable.
    But it may in appropriate case look for
    corroboration. In the instant case, the trial
    court and the High Court have fully
    accepted the evidence of Ramanlal, the Dy
    SP, Erulker and Santramji. That being so, it
    was open to them to convict the appellants
    solely on the basis of their evidence. That
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    apart, their evidence is substantially
    corroborated by the evidence of
    Dahyabhai, Sanghvi and Sendhalal. In the
    case of partisan witnesses, the
    corroboration that may be looked for is
    corroboration in a general way and not
    material corroboration as in the case of the
    evidence of accomplices.”

    18. In Dalpat Singh v. State of Rajasthan , this
    Court after referring to Basawan Singh
    case observed thus:

    “We are unable to accept the
    contention of the learned counsel for the
    appellants that PWs 1, 2, 3, 4 and 17 and
    other prosecution witnesses to whose
    evidence we shall presently refer, should
    be considered as accomplices
    and therefore their evidence is required to
    be corroborated in material particulars
    before being accepted. On the proved
    facts, even those who gave illegal
    gratification to the appellants cannot be
    considered as accomplices as the same
    was extorted from them. Though PWs 1, 2,
    4 and 17 can be considered as interested
    witnesses as regards their evidence
    relating to trap, as a matter of law, it is not
    correct to say that their evidence cannot be
    accepted without corroboration. See State
    of Bihar v. Basawan Singh
    .”

    19. In Maha Singh v. State (Delhi Admn.) this
    Court held thus: (SCC p. 652, paras 33 and 34)
    “This also leads to the question
    whether all witnesses, who are called upon
    to assist detection of a bribery case by
    laying a trap, should be considered
    unreliable as accomplices or at any rate
    partisan witnesses. There is no rule of law
    that even if a witness is otherwise reliable
    and independent, his association in a pre-
    arranged raid about which he had become
    acquainted makes him an accomplice or a
    partisan witness. In absence of anything to
    warrant a contrary conclusion, conviction
    is not untenable merely because it is based
    on the testimony of such a witness.

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    We are also not prepared to dub
    every witness of a raiding party to be an
    accomplice per se or even as an interested
    witness in total absence of materials
    justifying such an inference. While PW 4
    will be a highly partisan witness in this case
    in his own interest to oblige the police,
    nothing was shown against PW 3. PW 7, the
    Inspector, cannot be considered as an
    absolutely partisan witness because he is a
    police officer who took immediate action
    on the complaint. Nothing unusual is
    suggested against him. We have no
    hesitation in accepting the testimony of
    PWs 3 and 7 on their own. They do
    corroborate the complainant.”

    20. In Hazari Lal v. State (Delhi Admn.) ,
    Chinnappa Reddy, J. speaking for the Bench while
    repelling the contention that the evidence of trap
    witness namely the police officer should not be
    accepted unless corroborated observed thus:

    (SCC p. 395, para 9)
    “We, however, wish to say that the
    evidence of PW 8 is entirely trustworthy and
    there is no need to seek any corroboration.
    We are not prepared to accept the
    submission of Shri Frank Anthony that he is
    the very police officer who laid the trap
    should be sufficient for us to insist upon
    corroboration. We do wish to say that there
    is no rule of prudence which has
    crystallized into a rule of law, nor indeed
    any rule of prudence, which requires that
    the evidence of such officers should be
    treated on the same footing as evidence of
    accomplices and there should be
    insistence on corroboration. In the facts
    and circumstances of a particular case a
    court may be disinclined to act upon the
    evidence of such an officer without
    corroboration, but, equally, in the facts and
    circumstances of another case the Court
    may unhesitatingly accept the evidence of
    such an officer. It is all a matter of
    appreciation of evidence and on such
    matters there can be no hard and fast rule,
    nor can there be any precedential
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    guidance. We are forced to say this
    because of late we have come across
    several judgments of Courts of Session and
    sometimes even of High Courts where
    reference is made to decisions of this Court
    on matters of appreciation of evidence and
    decisions of pure question of fact.”

    21. From the above resume of various decisions,
    the following principles are deducible. Section
    133
    of the Evidence Act lays down that an
    accomplice is a competent witness against an
    accused person. The conviction based on such
    evidence is not illegal merely because it proceeds
    upon the uncorroborated testimony of an
    accomplice. However, there is a rider in
    Illustration (b) to Section 114 of the Act which
    provides that the court may presume that the
    accomplice is unworthy of credit unless he is
    corroborated in material particulars. This
    presumption is in the nature of a precautionary
    provision incorporating the rule of prudence
    which is ingrained in the appreciation of
    accomplice’s evidence. Therefore, the courts
    should be guarded before accepting the
    accomplice’s evidence and look for corroborating
    evidence. The discretion of the court upon which
    the rule of corroboration rests must be exercised
    in a sound and reasonable manner. Normally the
    courts may not act on an uncorroborated
    testimony of an accomplice but whether in a
    particular case it has to be accepted without
    corroboration or not would depend on an overall
    consideration of the accomplice’s evidence and
    the facts and circumstances. However, if on being
    so satisfied the court considers that the sole
    testimony of the accomplice is safe to be acted
    upon, the conviction can be based thereon. Even
    if corroboration as a matter of prudence is needed
    it is not for curing any defect in the testimony of
    the accomplice or to give validity to it but it is only
    in the nature of supporting evidence making the
    other evidence more probable to enable the court
    to satisfy itself to act upon it.

    22. Now coming to the witnesses in trap cases, as
    held in Basawan Singh case by a Bench of five
    Judges, if any of the witnesses are accomplices
    who are particeps criminis in respect of the actual
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    crime charge, their evidence must be treated as
    the evidence of accomplices is treated; if they are
    not accomplices in that sense but are only
    partisan or interested witnesses who are
    concerned in the success of the trap, their
    evidence must be tested in the same way as other
    interested evidence is tested which may vary from
    case to case and the corroboration in the case of
    such interested witnesses can be in a general way
    and not as one required in material particulars as
    in the case of an approver. Therefore, in seeking
    corroboration for the evidence of trap witnesses a
    distinction has to be drawn where participation of
    an individual in a crime is not voluntary but is the
    result of pressure. In such a case the element of
    mens rea to commit the crime is not apparent and
    (sic) cannot strictly be classified as an
    accomplice and at any rate he cannot be treated
    as being on the same footing. Where a bribe has
    already been demanded from a man and if
    without giving the bribe he goes to the police or
    magistrate and brings them to witness the
    payment it will be a legitimate trap and in such
    cases at the most he can be treated as an
    interested witness and whether corroboration is
    necessary or not will be within the discretion of
    the court depending upon the facts and
    circumstances of each case. However, as a rule
    of prudence, the court has to scrutinise the
    evidence of such interested witnesses carefully.

    23. Now coming to the nature of corroborating
    evidence that is required, it is well-settled that the
    corroborating evidence can be even by way of
    circumstantial evidence. No general rule can be
    laid down with respect to quantum of evidence
    corroborating the testimony of a trap witness
    which again would depend upon its own facts and
    circumstances like the nature of the crime, the
    character of trap witness etc. and other general
    requirements necessary to sustain the conviction
    in that case. The court should weigh the evidence
    and then see whether corroboration is necessary.
    Therefore, as a rule of law, it cannot be laid down
    that the evidence of every complainant in a
    bribery case should be corroborated in all
    material particulars and otherwise it cannot be
    acted upon. Whether corroboration is necessary

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    and if so to what extent and what should be its
    nature depends upon the facts and
    circumstances of each case. In a case of bribe,
    the person who pays the bribe and those who act
    as intermediaries are the only persons who can
    ordinarily be expected to give evidence about the
    bribe and it is not possible to get absolutely
    independent evidence about the payment of
    bribe. However, it is cautioned that the evidence
    of a bribe-giver has to be scrutinised very carefully
    and it is for the court to consider and appreciate
    the evidence in a proper manner and decide the
    question whether a conviction can be based upon
    it or not in those given circumstances.”

    26) The aforesaid ratio has been followed by the Supreme

    Court in the case of Ramesh Kumar Gupta vs. State of MP,

    (1995) 5 SCC 320.

    27) Recently, a Constitution Bench of the Supreme Court

    in the case of Neeraj Dutta vs. State (Govt. of N.C.T of

    Delhi), (2023) 4 SCC 731, while answering the question as

    to whether in the absence of direct or primary evidence of

    demand of illegal gratification, is it not permissible to draw

    an inferential deduction of culpability/ guilt of a public

    servant under Section 7 and Section 13(1)(d) read with

    Section 13(2) of the Prevention of Corruption Act, 1988

    based on other evidence adduced by the prosecution,

    surveyed the legal precedents on the issue laid down by the

    Supreme Court in previous past and summarized the legal

    position in the following manner:

    (a) Proof of demand and acceptance of illegal
    gratification by a public servant as a fact in issue by
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    the prosecution is a sine qua non in order to
    establish the guilt of the accused public servant
    under Sections 7 and 13(1)(d)(i) and (ii) of the Act.

    (b) In order to bring home the guilt of the accused,
    the prosecution has to first prove the demand of
    illegal gratification and the subsequent acceptance
    as a matter of fact. This fact in issue can be proved
    either by direct evidence which can be in the nature
    of oral evidence or documentary evidence.

    (c) Further, the fact in issue, namely, the proof of
    demand and acceptance of illegal gratification can
    also be proved by circumstantial evidence in the
    absence of direct oral and documentary evidence.

    (d) In order to prove the fact in issue, namely, the
    demand and acceptance of illegal gratification by
    the public servant, the following aspects have to be
    borne in mind:

    (i) if there is an offer to pay by the bribe-

    giver without there being any demand from
    the public servant and the latter simply
    accepts the offer and receives the illegal
    gratification, it is a case of acceptance as per
    Section 7 of the Act. In such a case, there
    need not be a prior demand by the public
    servant.

    (ii) On the other hand, if the public servant
    makes a demand and the bribe-giver
    accepts the demand and tenders the
    demanded gratification which in turn is
    received by the public servant, it is a case of
    obtainment. In the case of obtainment, the
    prior demand for illegal gratification
    emanates from the public servant. This is an
    offence under Sections 13(1)(d)(i) and (ii) of
    the Act.

    (iii) In both cases of (i) and (ii) above, the offer
    by the bribe-giver and the demand by the
    public servant respectively have to be proved
    by the prosecution as a fact in issue. In other
    words, mere acceptance or receipt of an
    illegal gratification without anything more
    would not make it an offence under Section
    7
    or Sections 13(1)(d)(i) and (ii), respectively
    of the Act. Therefore, under Section 7 of the
    Act, in order to bring home the offence, there
    must be an offer which emanates from the
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    bribe-giver which is accepted by the public
    servant which would make it an offence.
    Similarly, a prior demand by the public
    servant when accepted by the bribe-giver
    and in turn there is a payment made which is
    received by the public servant, would be an
    offence of obtainment under Sections
    13(1)(d)(i)
    and (ii) of the Act.

    (e) The presumption of fact with regard to the
    demand and acceptance or obtainment of an illegal
    gratification may be made by a court of law by way
    of an inference only when the foundational facts
    have been proved by relevant oral and
    documentary evidence and not in the absence
    thereof. On the basis of the material on record, the
    court has the discretion to raise a presumption of
    fact while considering whether the fact of demand
    has been proved by the prosecution or not. Of
    course, a presumption of fact is subject to rebuttal
    by the accused and in the absence of rebuttal
    presumption stands.

    (f) In the event the complainant turns “hostile”, or
    has died or is unavailable to let in his evidence
    during trial, demand of illegal gratification can be
    proved by letting in the evidence of any other
    witness who can again let in evidence, either orally
    or by documentary evidence or the prosecution can
    prove the case by circumstantial evidence. The trial
    does not abate nor does it result in an order of
    acquittal of the accused public servant.

    (g) In so far as Section 7 of the Act is
    concerned, on the proof of the facts in issue,
    Section 20 mandates the court to raise a
    presumption that the illegal gratification was for the
    purpose of a motive or reward as mentioned in the
    said Section. The said presumption has to be raised
    by the court as a legal presumption or a
    presumption in law. Of course, the said
    presumption is also subject to rebuttal. Section 20
    does not apply to Sections 13(1)(d)(i) and (ii) of the
    Act.

    (h) We clarify that the presumption in law under
    Section 20 of the Act is distinct from presumption of
    fact referred to above in sub-para 88.5(e), above, as
    the former is a mandatory presumption while the
    latter is discretionary in nature.

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    28) From the foregoing analysis of the legal position on the

    subject, it emerges that there is no abstract rule that

    uncorroborated testimony of a bribe giver should not be

    accepted. It is also clear that a bribe giver can be termed as

    a partisan witness who is interested in the success of trap

    and his statement has to be analysed and scrutinized in the

    same manner in which the statement of any other partisan

    witness is to be analysed and scrutinized before placing

    reliance upon it. It is further beyond any cavil that

    corroboration to the statement of a complainant can be by

    way of direct evidence or by way of circumstantial evidence

    and it is not necessary that corroboration to his statement

    has to be by direct evidence only. The quantum of evidence

    corroborating the testimony of a trap witness would depend

    upon its own facts and circumstances which would include

    nature of the crime and the character of the trap witness.

    The Court, on the basis of the facts and circumstances of

    each case, will have to weigh the evidence and see whether

    corroboration is necessary.

    29) In the face of aforesaid legal position, let us now advert

    to the facts of the present case. Complainant, PW Ab. Rashid

    Wani, has, in his examination-in-chief, stated that after

    taking tea in the nearby hotel, he told the accused that he

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    has brought Rs.4000/ with him, to which the accused

    replied that he had asked for Rs.7500/, whereafter he asked

    the complainant to pay an amount of Rs.4000/ for the time

    being. The complainant has further stated that he tendered

    Rs.4000/to the accused and the other person who was

    accompanying the accused, namely, PW Zahoor Ahmad,

    asked about his share, to which the complainant replied that

    had he been told about it, he would have brought Rs.1000/

    for him also, whereafter said Zahoor Ahmad told him that he

    should bring an amount of Rs.1500/for him along with the

    balance amount.

    30) There is no cross-examination of the complainant by

    the defence on the aspect of tendering of amount of Rs.4000/

    by him to the accused, nor there is any cross-examination

    on the aspect of demand. In fact, the defence has not even

    given a suggestion to the complainant that he had forcibly

    tried to tender tainted currency notes to the accused. There

    is no suggestion by the defence that the complainant was

    having any grudge or previous enmity with the

    appellant/accused that could have been a motive for him to

    falsely implicate the accused. The only cross-examination by

    the defence on this aspect of the matter is about the location

    of the hotel where the transaction took place.

    CrlA(S) No.1/2020 Page 34 of 40

    2026:JKLHC-SGR:207

    31) It is correct that shadow witness, PW Prince Ahmad

    Khan, has not supported the complainant on the aforesaid

    aspect of the case as, according to him, he could not

    overhear the conversation between the complainant and the

    accused. At one place during his cross-examination, he has

    stated that the accused demanded an amount of Rs.4000/

    from the complainant in his presence but later on, he stated

    that he as well as accused along with the complainant were

    sitting in front of each other and he was able to watch their

    activities. He went on to state that during that period there

    was no conversation between the accused and the

    complainant with regard to demand of bribe nor the bribe

    money was tendered during the said period.

    32) When the statement of the shadow witness is read as a

    whole, it appears that he has neither overheard the

    conversation that had taken place between complainant and

    the accused nor has he seen the transaction of tainted

    money taking place. Merely because the shadow witness has

    not been able to overhear the conversation between

    complainant and the accused and that he did not watch the

    transaction of tainted money when it took place, the

    statement of the complainant on this aspect of the matter

    cannot be discredited, particularly in the absence of any

    CrlA(S) No.1/2020 Page 35 of 40
    2026:JKLHC-SGR:207

    cross-examination of the complainant on this aspect of the

    matter. Just because the complainant happens to be the

    bribe giver, his statement cannot be discarded, once it is

    shown that the defence has been unable to impeach the

    credit of the complainant during his cross-examination.

    33) So far as statement of PW Zahoor Ahmad Mir, an

    employee of SFC, who was also present on spot at the

    relevant time, is concerned, he has been declared hostile by

    the prosecution as he has not supported the prosecution

    case. According to him, the complainant tried to tender bribe

    money to the accused on two occasions but he refused to

    accept the same. When the said witness was cross-

    examined, he stated that in his presence neither the accused

    demanded bribe from the complainant nor he accepted the

    same. He also stated that the amount of bribe was not

    recovered in his presence. However, he admitted his

    signatures on the memo of recovery, EXTP-1/5 and he also

    admitted that in his presence the accused was subjected to

    search by the sleuths of VOK. He further admitted that the

    tainted money was recovered from the pocket of the accused

    when he was subjected to search on the roadside near the

    hotel.

    CrlA(S) No.1/2020 Page 36 of 40

    2026:JKLHC-SGR:207

    34) PW Zahoor Ahmad Mir is a colleague of the

    appellant/accused and for obvious reason, he has decided

    not to support the prosecution case so as to save his

    colleague Hence his statement that the appellant/accused

    refused to take money from the complainant on two

    occasions, cannot be relied upon, particularly when the

    accused has not taken such a defence, either in his

    statement under Section 342 of J&K Cr. P. C or while cross-

    examining any of the prosecution witnesses.

    35) The statement of the complainant, PW Ab. Rashid

    Wani, so far as it relates to demand and acceptance of bribe

    money and consequent recovery of the same from the left

    side back pocket of trouser of the accused finds

    corroboration from other circumstances proved on record.

    All the members of the trap team which includes shadow

    witness PW-Prince Ahmad Khan and even hostile witness

    PW Zahoor Ahmad Mir, have categorically stated that during

    the post trap proceedings, hand wash of the

    appellant/accused was conducted and the solution of

    Sodium Carbonate turned pink. They have also stated that

    upon search of the appellant/accused, the tainted money

    was recovered from left side back pocket of his trouser and

    when the pocket of the trouser was subjected to wash in

    CrlA(S) No.1/2020 Page 37 of 40
    2026:JKLHC-SGR:207

    Sodium Carbonate, the solution turned pink. There are no

    major contradictions in the statements of prosecution

    witnesses on this aspect of the matter. Thus, it has been

    proved that the appellant/accused has fiddled with the

    currency notes with his hands and it is also established that

    he put these currency notes in his pocket wherefrom the

    same were recovered by the member of the trap team. This

    circumstance corroborates the statement of the complainant

    that the appellant/accused had demanded and accepted the

    tainted money which was recovered from his possession. The

    positive Sodium Carbonate test vis-à-vis hands of the

    appellant/accused and left-side back pocket of his trouser

    goes on to show that he had voluntarily accepted the bribe.

    Thus, there is evidence of demand of illegal gratification and

    voluntary acceptance thereof.

    36) It has been contended by the appellant/accused that

    having regard to his designation, he was neither competent

    nor was it his duty to deal with matter relating to release of

    timber in favour of the complainant and, therefore, there was

    no occasion for him to demand bribe from the complainant.

    This aspect of the matter has been dealt with by the learned

    trial court and it has been observed that being Incharge of

    PC Depot, Parimpora, there was a representation on behalf

    CrlA(S) No.1/2020 Page 38 of 40
    2026:JKLHC-SGR:207

    of the accused to the complainant that he will release the

    sanctioned timber. It has been observed that the accused

    was capable of showing official favour being in charge of the

    PC Depot. The said observation of the learned trial court is

    perfectly in accordance with law because even if it is

    assumed that the accused was not competent to actually

    release the timber in favour of the complainant, still then he

    was definitely in a position to make a representation to the

    complainant that he is in a position to release the

    sanctioned timber and, thus, had the occasion to demand

    bribe from the complainant.

    37) For what has been discussed hereinbefore, I do not find

    any ground to interfere in the well-reasoned and lucid

    judgment passed by the learned trial court. Accordingly, the

    impugned judgment of conviction and sentence passed by

    the trial court is upheld and the appeal shall stand

    dismissed. The bail and surety bonds of the

    appellant/accused are cancelled and he is directed to

    surrender before the learned trial court within a period of

    three weeks from the date of this judgment. Upon surrender

    by the appellant, the learned trial court shall send him to jail

    for serving the balance sentence. In case the appellant/

    accused does not surrender before the trial court within the

    CrlA(S) No.1/2020 Page 39 of 40
    2026:JKLHC-SGR:207

    aforesaid period, coercive measures shall be taken for

    securing his presence before the said court.

    38) The trial court record along with a copy of this

    judgment be sent back.

    (Sanjay Dhar)
    Judge
    Srinagar,
    30.06.2026
    “Bhat Altaf-Secretary”

    Whether the judgment is reportable: YES
    

    CrlA(S) No.1/2020 Page 40 of 40



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