Suresh Kurre vs State Of Chhattisgarh on 11 March, 2026

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    Chattisgarh High Court

    Suresh Kurre vs State Of Chhattisgarh on 11 March, 2026

    Author: Ramesh Sinha

    Bench: Ramesh Sinha

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                                                                     2026:CGHC:11712
                                                                                   AFR
    
                         HIGH COURT OF CHHATTISGARH AT BILASPUR
    
    
                                         CRA No. 2674 of 2025
    
                Suresh Kurre S/o Late Atmaram Kurre Aged About 39 Years Labour
                Inspector- Office Of Labour Officer Jashpur, District- Jashpur (C.G.) R/o
                Quarter Nagar 106, Sector-4, Balco Nagar Korba, District- Korba (C.G.)
                                                                              ... Appellant
                                                  versus
                State of Chhattisgarh Through Police Station Acb/eow, Raipur, District-
                Raipur (C.G.) Unit- ACB Ambikapur District Surguja (C.G.)
                                                                            ... Respondent

    For Appellant : Mr. Abhishek Sinha, Senior Advocate assisted
    by Mr. Ganshyam Patel, Advocate.

    For Respondent/State : Mr. Saurabh Sahu, Panel Lawyer.

    SPONSORED

    Hon’ble Shri Ramesh Sinha, Chief Justice
    Judgment on Board

    11/03/2026

    1. This criminal appeal arises out of the judgment of conviction and

    order of sentence dated 26.11.2025 passed by the learned Special

    Judge (Prevention of Corruption Act) Jashpur, District Jashpur
    RAHUL
    DEWANGAN (C.G.) in Special Case (ACB) No.01/2021, whereby the appellant
    Digitally
    signed by has been convicted under Section 7 of Prevention of Corruption
    RAHUL
    DEWANGAN
    Act, 1988 and sentenced to undergo rigorous imprisonment for 03

    years and fine of Rs.50,000/-, in default of payment of fine to further

    undergo RI for 06 months.

    2

    2. Conviction is impugned on the ground that without there being any

    iota of evidence of demanding and accepting illegal gratification

    other than legal remuneration by the public servant by abusing his

    office, the Special Judge has convicted & sentenced the appellant

    as aforementioned and thereby committed illegality.

    3. The prosecution case, in brief, is that the complainant Ramesh

    Kumar Yadav submitted a written complaint on 26.09.2019 before

    the Deputy Superintendent of Police, Anti-Corruption Bureau,

    Bilaspur alleging that he was running an institution in the name and

    style of “Chhattisgarh Abhinandan Educational and Social Welfare

    Society, Kotba.” It was stated that the Labour Department, District

    Jashpur had granted administrative approval vide order dated

    02.05.2018 for conducting training under the courses of Mason

    General and Assistant Electrician. Pursuant thereto, the

    complainant conducted training for about 320 persons within

    District Jashpur and thereafter claimed payment of training fees

    from the department. It was alleged that the accused/appellant

    Suresh Kurre, who was posted as Labour Inspector at the relevant

    time, demanded 10% illegal gratification from the complainant for

    processing the payment. It was further alleged that earlier a cheque

    of Rs.7,23,492/- had been issued in favour of the complainant’s

    institution and in consideration thereof the accused had already

    received Rs.1,50,000/- as illegal gratification. It was further alleged

    that an amount of Rs.6,37,000/- was still payable to the complainant

    by the department. When the complainant met the accused in his

    office on 24.09.2019 and requested for release of the said amount,
    3

    the accused allegedly demanded Rs.1,00,000/- as illegal

    gratification for preparing the note-sheet and placing it before the

    competent authority for approval of the cheque.

    4. Since the complainant was unwilling to pay the bribe and intended

    to have the accused caught red-handed, he approached the Anti-

    Corruption Bureau, Bilaspur and lodged the aforesaid complaint.

    On receipt of the complaint, Inspector Pramod Kumar Khes handed

    over a digital voice recorder to the complainant and directed him to

    meet the accused and record the conversation relating to the

    demand of illegal gratification. In pursuance of the said instructions,

    the complainant met the accused on 27.09.2019 near his official

    residence and requested him to reduce the demanded amount. At

    that time, the accused allegedly stated that instead of

    Rs.1,00,000/-, the complainant would now have to pay

    Rs.1,90,000/-, stating that he intended to purchase a Java

    motorcycle. The conversation relating to the demand of illegal

    gratification was recorded by the complainant in the digital voice

    recorder and he informed the ACB officials accordingly.

    5. Subsequently, on 12.10.2019, the complainant informed the ACB

    officials that the accused was repeatedly calling him and demanding

    the money. When the complainant expressed his inability to pay the

    entire amount at once, the accused allegedly agreed to accept the

    amount in instalments. The complainant informed him that he could

    arrange only Rs.40,000/-, whereupon the accused directed him to

    bring the said amount on 14.10.2019. Acting upon the said

    information, the complainant was instructed to appear on
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    14.10.2019 at about 9:00 AM at the PWD Rest House, Jashpur

    along with the digital voice recorder, the bribe amount of

    Rs.40,000/- and a second written complaint, whereafter the trap

    proceedings were conducted by the ACB officials.

    6. On the basis of the complaint, Crime No.25/2019 was registered

    against the accused for the offence punishable under Section 7 of

    the Prevention of Corruption Act, 1988 (as amended in 2018).

    During the course of investigation, the relevant documents including

    the service records and posting orders of the accused were

    collected and sanction for prosecution was obtained from the

    competent authority. Statements of witnesses were recorded, the

    spot map was prepared and the accused was arrested. After

    completion of investigation, charge-sheet was filed before the

    competent Court which came to be registered as Special Case

    No.01/2021.

    7. During trial, the learned Special Judge framed charge against the

    accused/appellant under Section 7 of the Prevention of Corruption

    Act, 1988 on 18.03.2021, which was read over and explained to the

    accused, who denied the same and claimed to be tried.

    8. In order to prove the guilt of the accused/appellant, the prosecution

    has examined as many as twelve witnesses and exhibited several

    documents including the First Information Report, written complaint,

    seizure memos, trap proceedings, transcripts of recorded

    conversations, recovery memos of currency notes, FSL report, call

    detail records and certificate under Section 65-B of the Indian
    5

    Evidence Act, which were marked as Exhibits P-1 to P-54.

    9. After recording the statement of the accused under Section 313 of

    the Code of Criminal Procedure, the accused examined himself as

    Defence Witness No.1 and also produced certain documents in his

    defence, which were exhibited as Exhibits D-1 to D-17.

    10. It is also noted that since the sanction order dated 18.03.2020 had

    not been formally exhibited during trial, the same was subsequently

    marked as Exhibit P-55 for the purpose of reference in the

    judgment.

    11. After consideration, the accused claimed to be innocent and alleged

    that he had been falsely implicated by the complainant due to a

    previous animosity. As per the evidence of PW-8 (Investigating

    Officer), PW-11 was a member of the trap party who conducted the

    pre-trap demonstration and allegedly caught the hand of the

    appellant at the time of trap. However, the alleged shadow

    witnesses PW-3 and PW-6 have categorically stated that they were

    standing at some distance from the place of occurrence and did not

    see the complainant handing over the money or the appellant

    accepting the same, and they reached the spot only after receiving

    a call from PW-8. Thus, the prosecution failed to establish the

    essential ingredients of demand and voluntary acceptance of illegal

    gratification. Moreover, PW-4 (Labour Officer) clearly stated that he

    was the competent authority to process and release the bills and

    that no bill of the complainant was pending with the department,

    rather an amount of about Rs.7,00,000/- was recoverable from the
    6

    complainant. Therefore, the appellant, being a Labour Inspector,

    was not competent to release the bills and there was no occasion

    for him to demand any illegal gratification. The prosecution also

    failed to produce and play the compact disc (CD) on the basis of

    which the transcripts Exhibits P-16 and P-17 were prepared. Thus,

    the prosecution has failed to prove the twin requirements of demand

    and acceptance, and mere recovery of tainted currency cannot

    sustain the conviction. However, the learned Special Court, without

    properly appreciating the evidence on record, convicted the

    appellant and sentenced him as aforementioned, which is liable to

    be set aside. Hence, the present appeal.

    12. Learned counsel for the appellant submits that the impugned

    judgment of conviction and order of sentence passed by the learned

    trial court is bad in law as well as on facts and is liable to be set

    aside. It is submitted that the prosecution has failed to prove the

    sanction for prosecution in accordance with law, as the sanctioning

    authority has neither been examined before the court nor the

    sanction order has been duly proved and exhibited, thereby

    seriously prejudicing the valuable right of the appellant to cross-

    examine the sanctioning authority. It is further submitted that the

    essential ingredients of Section 7 of the Prevention of Corruption

    Act, namely demand and voluntary acceptance of illegal

    gratification, have not been established by the prosecution. The

    appellant was merely working as a Labour Inspector and as per the

    departmental procedure only the Labour Officer was competent to

    process and release the bills, therefore the appellant had no
    7

    authority to release the bill of the complainant and there was no

    occasion or motive for him to demand any illegal gratification from

    the complainant.

    13. It is further submitted that the prosecution has mainly relied upon

    the alleged recorded conversation and its transcripts (Exhibits P-16

    and P-17), which are only secondary evidence and cannot be

    treated as primary proof of the alleged demand and acceptance.

    The alleged compact disc (CD) containing the conversation was

    neither properly proved nor played before the court and no scientific

    examination such as FSL analysis or voice sampling of the

    complainant and the appellant was conducted to establish its

    authenticity. The evidence on record also shows material

    contradictions regarding the seizure and custody of the alleged

    recording, as the complainant kept the recording in his possession

    for a considerable period before handing it over, thereby creating

    serious doubt about the possibility of tampering. Even the shadow

    witnesses PW-3 and PW-6 have not supported the prosecution

    case and have categorically stated that the transcription was not

    prepared in their presence and that they did not witness the alleged

    demand or acceptance of bribe. The trap party members were

    standing at a considerable distance from the alleged place of

    occurrence and reached the spot only after receiving information,

    therefore none of them actually witnessed the alleged transaction.

    14. Learned counsel further submits that the alleged recovery of tainted

    currency notes by itself is not sufficient to constitute an offence

    under the Prevention of Corruption Act unless the prosecution
    8

    proves the demand and voluntary acceptance of illegal gratification

    beyond reasonable doubt. In the present case even the alleged

    recovery itself is doubtful, as the phenolphthalein test with respect

    to the pocket wash of the pant did not show the expected colour

    change and the entire trap proceedings appear suspicious. It is also

    submitted that the complainant had personal animosity against the

    appellant because recovery proceedings of about Rs.7,00,000/-

    had already been initiated against him for financial irregularities

    committed in the training programme conducted through his NGO

    and he was not entitled to receive any further payment from the

    department. The investigation was conducted without proper

    verification of the relevant documents and without examining the

    alleged demand letters or bills, which further makes the prosecution

    story doubtful.

    15. Learned counsel for the appellant further places reliance upon

    various judicial pronouncements to submit that in cases relating to

    offences under the Prevention of Corruption Act, the prosecution is

    mandatorily required to establish the demand and acceptance of

    illegal gratification, which are the sine qua non for sustaining

    conviction. In this regard, reliance is placed upon the judgment of

    the Hon’ble Supreme Court in K. Shanthamma v. State of

    Telangana, (2022) 4 SCC 574 (Paras 10, 11 & 17), wherein it has

    been held that proof of demand and acceptance of illegal

    gratification is essential for constituting an offence under Section 7

    of the Prevention of Corruption Act, and in absence of such proof,

    conviction cannot be sustained. Further reliance is placed on
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    Rajesh Gupta v. State through CBI, (2022) 20 SCC 793 (Paras

    17, 18, 19 & 22), wherein the Hon’ble Supreme Court reiterated that

    mere recovery of tainted currency is not sufficient to establish the

    offence unless the prosecution proves the demand and voluntary

    acceptance of bribe beyond reasonable doubt. Learned counsel

    also relies upon the judgment of the High Court of Bombay at Goa

    in Satish Kumar Kajal v. State through CBI, 2022 SCC OnLine

    Bom 465 (Paras 35, 36, 37 & 38), wherein it has been held that in

    absence of clear and cogent evidence proving demand and

    acceptance, conviction under the Prevention of Corruption Act

    cannot be sustained. Further reliance is placed upon the recent

    decision of the Bombay High Court in Ravindra v. CBI and

    Mohammad Salim v. CBI, 2025 SCC OnLine Bom 4833 (Paras

    78, 79 & 82), wherein it has been held that mere recovery of tainted

    currency or inconclusive electronic evidence, without proof of

    demand and voluntary acceptance, is insufficient to sustain

    conviction. On the strength of the aforesaid settled principles of law,

    it is submitted that in the present case also the prosecution has

    failed to establish the essential ingredients of demand and

    acceptance of illegal gratification, and therefore the impugned

    judgment of conviction and sentence passed by the learned Trial

    Court be set aside and the appellant be acquitted of the charges.

    16. On the other hand, learned counsel for the respondent/State has

    opposed the prayer made by learned counsel appearing for the

    appellant and submitted that the appellant has rightly been

    convicted and sentenced for the offences under Section 7 of the
    10

    Prevention of Corruption Act, 1988 (for short, ‘P.C. Act‘).

    17. I have heard learned counsel for the parties, perused the judgment

    impugned and record of the trial Court.

    18. In order to appreciate the arguments advanced on behalf of the

    parties, I have examined the evidence adduced on behalf of the

    parties.

    19. The prosecution case primarily rests upon the testimony of the

    complainant Ramesh Kumar Yadav (PW-2), who claims to be the

    Secretary of an organization known as Chhattisgarh Abhinandan

    Educational and Social Welfare Society, which was allegedly

    engaged in conducting skill development training programmes

    under the Mukhyamantri Kaushal Vikas Scheme implemented

    through the Labour Department of the State Government. According

    to the prosecution version, the said institution conducted training in

    trades such as General Mason and Electrician for certain trainees

    between the years 2017 to 2019, and after completion of the

    training programme an amount of Rs.6,37,000/- was allegedly

    payable to the complainant’s institution by the Labour Department.

    It is the allegation of the complainant that when he approached the

    office of the Labour Department at Jashpur for issuance of the

    cheque towards the said amount, the accused Suresh Kurre, who

    was posted as Labour Inspector at the relevant time, demanded

    illegal gratification at the rate of 10% of the sanctioned amount. The

    complainant has further alleged that on an earlier occasion when a

    cheque amounting to Rs.7,23,492/- had been issued to his
    11

    institution, the accused had demanded illegal gratification and he

    had paid an amount of Rs.1,50,000/- to the accused. According to

    the complainant, when he again approached the accused for

    issuance of the cheque of Rs.6,37,000/-, the accused demanded a

    sum of Rs.1,90,000/- as illegal gratification and insisted that unless

    the said amount was paid, the cheque would not be issued. Being

    unwilling to pay the said bribe, the complainant approached the

    Anti-Corruption Bureau at Bilaspur and submitted a written

    complaint alleging demand of illegal gratification by the accused.

    20. The complainant (PW-2) has further deposed that upon receiving

    the complaint, the officers of the Anti-Corruption Bureau instructed

    him to record the conversation relating to the alleged demand of

    bribe. For this purpose, he was provided with a digital voice

    recorder and was asked to meet the accused and record the

    conversation. According to him, he went to the residence of the

    accused and recorded the conversation relating to the demand of

    illegal gratification. Thereafter he returned to the ACB office and

    handed over the recorder containing the alleged conversation.

    Subsequently, a trap proceeding was organized on 14.10.2019.

    The complainant has stated that he arranged an amount of

    Rs.40,000/- which was to be paid as part of the alleged bribe

    amount. The currency notes were treated with phenolphthalein

    powder in the presence of independent witnesses and the

    complainant was instructed to hand over the money to the accused

    only upon demand. According to the prosecution version, the

    complainant thereafter met the accused near the vehicle stand of
    12

    the Labour Office at Jashpur and upon demand by the accused he

    handed over the amount of Rs.40,000/- to him. Immediately

    thereafter the complainant gave the pre-arranged signal to the trap

    team, whereupon the ACB officials rushed to the spot and

    apprehended the accused and recovered the tainted currency notes

    from his possession.

    21. However, when the testimony of the complainant is examined in the

    light of the cross-examination conducted on behalf of the defence,

    several material aspects emerge which cast a serious doubt on the

    reliability of the prosecution version. During cross-examination the

    complainant admitted that prior to the lodging of the complaint he

    himself had worked in the Labour Department as a Welfare Officer

    through Call-Me Service Centre and during that period he had also

    registered his own NGO and was conducting training programmes

    through the said institution. He further admitted that certain

    complaints had been made regarding financial irregularities in the

    disbursement of stipend to the trainees and that the Labour

    Department had initiated proceedings against him in that regard. It

    has further come on record during cross-examination that the

    department had passed a recovery order against the complainant

    for an amount of approximately Rs.7,01,100/- on account of the

    said irregularities. The complainant also admitted that he believed

    that the accused was responsible for initiating departmental

    proceedings against him. These admissions assume significance as

    they clearly indicate that there existed prior disputes between the

    complainant and the department and that the complainant had a
    13

    grievance against the accused. Another important aspect which

    emerges from the cross-examination is that the complainant did not

    produce any documentary material before the ACB to demonstrate

    that the amount of Rs.6,37,000/- was actually due and payable to

    his institution. He admitted that as per the departmental procedure

    any payment under the scheme would require submission of a

    formal claim, verification of records, preparation of note sheets and

    approval by competent authorities. However, he was unable to

    produce any document to show that such a claim had been

    submitted or that the amount had been sanctioned for payment.

    Thus the evidence of the complainant itself reveals that the alleged

    demand of bribe was not supported by any official record showing

    that the payment was actually pending.

    22. Another important witness examined by the prosecution is Promod

    Khes (PW-8), who at the relevant point of time was posted as

    Deputy Superintendent of Police in the Anti-Corruption Bureau and

    acted as the Trap Officer (Investigation Officer) in the present case.

    The testimony of this witness is crucial for the prosecution because

    the entire trap proceedings and the alleged recovery of tainted

    currency from the accused are sought to be proved through him.

    PW-8 has deposed that on 26.09.2019 the complainant Ramesh

    Kumar Yadav approached the office of the Anti-Corruption Bureau

    and submitted a written complaint alleging that the accused Suresh

    Kurre, who was posted as Labour Inspector at Jashpur, had

    demanded illegal gratification for issuance of a cheque relating to

    payment under the Mukhyamantri Kaushal Vikas Scheme.
    14

    According to this witness, after receiving the complaint he made

    preliminary enquiries and thereafter decided to verify the allegation

    of demand. For this purpose he provided a digital voice recorder to

    the complainant and instructed him to meet the accused and record

    the conversation relating to the demand of bribe. PW-8 has further

    stated that the complainant thereafter met the accused and

    recorded the alleged conversation and subsequently returned to the

    office of ACB and handed over the recorder containing the said

    recording. According to the trap officer, after listening to the

    recorded conversation he was satisfied that there was prima facie

    material indicating demand of illegal gratification by the accused

    and therefore a trap proceeding was planned. He has further

    deposed that on 14.10.2019 he constituted a trap team and called

    two independent witnesses namely Dr. Vinay Kumar Tiwari (PW-3),

    who was working as Assistant Professor in Government PG College

    Jashpur, and Chetan Sahu (PW-6), who was working as Deputy

    Collector, to act as panch witnesses in the trap proceedings. The

    trap officer has stated that in their presence the complainant

    produced an amount of Rs.40,000/-, which was to be used as the

    bribe amount. The currency notes were then smeared with

    phenolphthalein powder and a demonstration was given to the

    witnesses explaining how the powder reacts with sodium carbonate

    solution by turning pink in colour upon contact. According to PW-8,

    the numbers of the currency notes were recorded in the pre-trap

    memorandum and the complainant was instructed that he should

    hand over the tainted currency to the accused only upon specific

    demand of money and thereafter give a pre-arranged signal so that
    15

    the trap team could immediately apprehend the accused.

    23. PW-8 has further deposed that thereafter the trap team proceeded

    towards Jashpur and kept watch in the vicinity of the place where

    the complainant was expected to meet the accused. According to

    him, in the evening hours the complainant met the accused near the

    vehicle stand of the Labour Office at Jashpur, whereafter the

    complainant allegedly handed over the tainted currency to the

    accused pursuant to the demand made by him. PW-8 has further

    stated that immediately thereafter the complainant gave the pre-

    arranged signal, upon which the trap team rushed to the spot and

    apprehended the accused. The trap officer has further deposed that

    upon apprehension of the accused, the hands of the accused were

    washed in a solution of sodium carbonate and the solution turned

    pink, indicating the presence of phenolphthalein powder. He has

    further stated that thereafter the tainted currency notes were

    recovered from the possession of the accused and the numbers of

    the notes were matched with the numbers mentioned in the pre-trap

    memorandum. According to the witness, the recovery proceedings

    were documented through seizure memos and the recovered

    articles were sealed and taken into custody. He has also stated that

    thereafter the accused was formally arrested and the investigation

    was carried out.

    24. However, when the testimony of this witness is examined in the light

    of the cross-examination conducted on behalf of the defence,

    certain material aspects emerge which assume considerable

    significance in evaluating the credibility of the prosecution case.
    16

    During cross-examination PW-8 admitted that before organizing the

    trap he did not verify from the Labour Department whether any

    amount was actually due and payable to the complainant under the

    Mukhyamantri Kaushal Vikas Scheme. He further admitted that the

    complainant had not produced any official record, bill, sanction

    order, note sheet or payment order before the ACB to establish that

    an amount of Rs.6,37,000/- was actually pending for payment from

    the department. The witness also admitted that the alleged

    recorded conversation was not sent to any forensic laboratory for

    voice analysis in order to confirm whether the voices recorded

    therein actually belonged to the complainant and the accused. He

    further admitted that the independent witnesses associated with the

    trap proceedings were standing at some distance from the

    complainant at the time when the alleged transaction took place,

    and therefore they could not hear the conversation between the

    complainant and the accused. The trap officer also admitted that

    apart from the statement of the complainant, no independent

    witness had actually heard the accused demanding illegal

    gratification. These admissions made by PW-8 during cross-

    examination assume considerable importance because they

    indicate that the most crucial ingredient of the offence, mainly the

    demand of illegal gratification, rests solely upon the uncorroborated

    testimony of the complainant and is not supported by the

    independent witnesses who were present during the trap

    proceedings.

    25. The prosecution has also relied upon the testimony of independent
    17

    witnesses who were associated with the trap proceedings. Among

    them Dr. Vinay Kumar Tiwari (PW-3) was called by the Anti-

    Corruption Bureau as an independent panch witness. He was

    working as an Assistant Professor in Government PG College,

    Jashpur at the relevant time. According to the prosecution, he was

    present at the time of preparation of phenolphthalein treated

    currency notes and was also part of the trap team. However, when

    this witness was examined before the learned trial Court, he did not

    support the prosecution case in material particulars. He admitted

    that he had been called to the Rest House where the ACB officials

    explained the procedure of trap and treated the currency notes with

    phenolphthalein powder, but he clearly stated that he did not hear

    the accused demanding any bribe from the complainant. He further

    stated that at the time when the complainant met the accused, he

    was standing at some distance and therefore he could neither hear

    the conversation between them nor could he clearly observe the

    alleged transaction of money. Because of these statements the

    prosecution declared him hostile. Even during cross-examination

    conducted by the prosecution he maintained that he had not heard

    any demand of illegal gratification being made by the accused. The

    testimony of this witness therefore does not support the prosecution

    case on the most crucial aspect of demand of bribe.

    26. Similarly, the other independent witness Chetan Sahu (PW-6), who

    was working as Deputy Collector at Jashpur, was also associated

    with the trap proceedings as a panch witness. This witness has also

    deposed about the preparatory proceedings conducted by the ACB
    18

    including the demonstration of phenolphthalein powder and

    instructions given to the complainant. However, when questioned

    regarding the actual transaction between the complainant and the

    accused, he stated that he was standing at some distance and

    therefore could not hear the conversation between them. He

    categorically stated that he did not hear the accused making any

    demand of money from the complainant and therefore he cannot

    say whether the accused demanded the alleged amount of bribe.

    He also admitted that he could not see clearly how the money was

    allegedly handed over to the accused. Thus this witness also failed

    to support the prosecution case on the essential ingredient of

    demand of illegal gratification. The evidence of these two

    independent witnesses therefore reveals that neither of them heard

    the alleged demand nor did they clearly witness the acceptance of

    money by the accused pursuant to such demand.

    27. Thus, though PW-8 has described the procedural aspects of the

    trap and the alleged recovery of tainted currency from the

    possession of the accused, the evidence of this witness also

    reveals that the verification of the complainant’s claim regarding the

    pending payment was not undertaken, the recorded conversation

    was not subjected to forensic examination, and the independent

    witnesses were not in a position to hear the alleged demand of

    illegal gratification. These aspects assume considerable

    significance while assessing whether the prosecution has been able

    to prove the foundational fact of demand of illegal gratification

    beyond reasonable doubt.

    19

    28. The defence has also led evidence in the present case and

    examined witnesses in support of its case. The accused has taken

    a specific defence that he had not demanded any illegal gratification

    from the complainant and that he has been falsely implicated

    because the complainant was aggrieved by the departmental

    proceedings initiated against him for financial irregularities in the

    scheme. The defence evidence and the circumstances brought on

    record during cross-examination indicate that the complainant had

    a motive to falsely implicate the accused due to the recovery

    proceedings initiated against him by the department. The defence

    has further attempted to demonstrate that the alleged demand of

    bribe has not been proved by any reliable and independent

    evidence and that the prosecution case rests solely upon the

    testimony of the complainant which is not corroborated by the

    independent witnesses.

    29. When the testimony of the complainantm, Ramesh Kumar (PW-2) is

    examined in juxtaposition with the evidence of the independent

    witnesses and the trap officer, certain material inconsistencies

    emerge which go to the root of the prosecution case. The

    prosecution has attempted to establish that the accused Suresh

    Kurre, who was working as Labour Inspector at Jashpur, had

    demanded illegal gratification from the complainant for issuance of

    a cheque relating to payment under the Mukhyamantri Kaushal

    Vikas Scheme. However, the evidence on record indicates that the

    entire prosecution case regarding demand of illegal gratification

    rests primarily upon the statement of the complainant alone. The
    20

    two independent witnesses who were associated with the trap

    proceedings, namely Dr. Vinay Kumar Tiwari (PW-3) and Chetan

    Sahu (PW-6), have not supported the prosecution on the most

    crucial aspect of demand of illegal gratification. Both these

    witnesses have categorically stated that they were standing at some

    distance from the complainant, and therefore, could not hear the

    conversation that allegedly took place between the complainant and

    the accused. They have further stated that they did not hear the

    accused making any demand for money from the complainant. The

    testimony of these witnesses, therefore, clearly indicates that the

    alleged demand of illegal gratification was not heard by any

    independent witness and the prosecution has failed to produce any

    independent corroboration regarding the demand of bribe.

    30. A further careful reading of the evidence of PW-2, PW-3, PW-6 and

    PW-8 reveals that there are material circumstances which create

    serious doubt regarding the genuineness of the prosecution case.

    The complainant PW-2 has admitted during cross-examination that

    he had earlier worked in the Labour Department through Call-Me

    Service Centre and that he had also registered his own NGO

    through which he was conducting training programmes under the

    Mukhyamantri Kaushal Vikas Scheme. He has further admitted that

    certain complaints had been made regarding irregularities in the

    distribution of stipend to trainees and that the Labour Department

    had initiated proceedings against him for financial irregularities. It

    has also come on record that the department had passed a

    recovery order against him for an amount of approximately
    21

    Rs.7,01,100/-. The complainant further admitted that he believed

    that the accused was responsible for initiating departmental

    proceedings against him. These admissions assume significance

    because they clearly indicate that the complainant had a grievance

    against the department and particularly against the accused,

    thereby creating a possibility of false implication. Another important

    circumstance which emerges from the cross-examination of the

    complainant is that he was unable to produce any official record to

    demonstrate that an amount of Rs.6,37,000/- was actually due and

    payable to his institution. He admitted that as per departmental

    procedure any payment would require submission of bills,

    verification of records, preparation of note sheets and sanction by

    competent authorities. However, he could not produce any

    document to show that such a claim had been submitted or that the

    amount had been sanctioned for payment. This aspect assumes

    considerable importance because the alleged demand of bribe is

    said to have been made for issuance of a cheque relating to this

    amount, yet the prosecution has not been able to establish that such

    payment was actually pending.

    31. The testimony of the independent witnesses further weakens the

    prosecution case. Dr. Vinay Kumar Tiwari (PW-3), who was

    associated as an independent panch witness, has clearly stated

    before the learned trial Court that although he was present during

    the pre-trap proceedings and witnessed the demonstration of

    phenolphthalein powder, he did not hear the accused demanding

    any money from the complainant. He has also stated that he was
    22

    standing at a distance, and therefore, could not clearly see or hear

    the alleged transaction. Because of these statements he was

    declared hostile by the prosecution, yet even during cross-

    examination by the prosecution he maintained that he had not heard

    any demand of illegal gratification. Similarly, Chetan Sahu (PW-6),

    who was working as Deputy Collector and was also associated as

    an independent witness, has deposed that although he was present

    during the trap proceedings, he did not hear the accused making

    any demand of bribe from the complainant. He further stated that he

    was standing at some distance from the complainant, and therefore,

    could not hear the conversation between the complainant and the

    accused. Thus both independent witnesses have failed to support

    the prosecution case regarding the most crucial ingredient of

    demand of illegal gratification.

    32. The evidence of the trap officer Promod Khes (PW-8) also requires

    careful scrutiny in this regard. While this witness has described the

    procedural aspects of the trap proceedings and the alleged

    recovery of tainted currency notes from the possession of the

    accused, his cross-examination reveals certain significant

    deficiencies in the investigation conducted by the Anti-Corruption

    Bureau. The trap officer has admitted that before organizing the trap

    he did not verify whether any amount was actually pending for

    payment to the complainant from the Labour Department. He further

    admitted that the complainant had not produced any official record

    such as bills, sanction orders, note sheets or payment orders to

    demonstrate that the amount of Rs.6,37,000/- was due. He also
    23

    admitted that the alleged recorded conversation between the

    complainant and the accused was not sent to any forensic

    laboratory for voice analysis. In the absence of such forensic

    verification, the prosecution has not been able to conclusively

    establish that the voices in the recorded conversation belonged to

    the complainant and the accused. The trap officer has also admitted

    that the independent witnesses were standing at some distance

    from the complainant at the time when the alleged transaction took

    place, and therefore, they could not hear the conversation between

    the complainant and the accused. These admissions made by the

    trap officer clearly indicate that the prosecution has not been able to

    produce any reliable independent evidence regarding the demand

    of illegal gratification by the accused.

    33. In the matter of K. Shanthamma (supra), decided on 21.02.2022,

    the Hon’ble Supreme Court has observed in paras 10, 11 & 17 as

    under:

    “10. We have given careful consideration to the
    submissions. We have perused the depositions of the
    prosecution witnesses. The offence under Section 7
    of the PC Act relating to public servants taking bribe
    requires a demand of illegal gratification and the
    acceptance thereof. The proof of demand of bribe by
    a public servant and its acceptance by him is sine
    qua non for establishing the offence under Section 7
    of the PC Act.

    11. In P. Satyanarayana Murthy v. State of A.P.2,
    this Court has summarised the well-settled law on the
    subject in para 23 which reads thus: (SCC p. 159)
    24

    “23. The proof of demand of illegal
    gratification, thus, is the gravamen of the
    offence under Sections 7 and 13(1)(d)(i)
    and (ii) of the Act and in absence thereof,
    unmistakably the charge therefor, would
    fail. Mere acceptance of any amount
    allegedly by way of illegal gratification or
    recovery thereof, dehors the proof of
    demand, ipso facto, would thus not be
    sufficient to bring home the charge under
    these two sections of the Act. As a
    corollary, failure of the prosecution to
    prove the demand for illegal gratification
    would be fatal and mere recovery of the
    amount from the person accused of the
    offence under Section 7 or 13 of the Act
    would not entail his conviction
    thereunder.”

    17. Thus, the version of PW 1 in his examination-in-
    chief about the demand 9 made by the appellant from
    time to time is an improvement. As stated earlier, LW
    8 did not enter the appellant’s chamber at the time of
    trap. There is no other evidence of the alleged
    demand. Thus, the evidence of PW 1 about the
    demand for bribe by the appellant is not at all reliable.
    Hence, we conclude that the demand made by the
    appellant has not been conclusively proved.”

    34. In the matter of Rajesh Gupta (supra), decided on 29.03.2022, the

    Hon’ble Supreme Court has observed in paras 17, 18, 19 & 22 as

    under:

    “17. In view of the above discussion, except for the
    testimony of PW 3 Madhu Bala (complainant), there
    is no corroborative evidence of demand, either on 7-
    25

    3-2000 or 9-3-2000. The law is well settled by the
    judgments of d this Court in Panalal Damodar Rathi
    v. State of Maharashtra
    {(1979) 4 SCC 526} and
    Ayyasami v. State of T.N.
    {(1992) 1 SCC 304},
    whereby it has been clarified that the sole testimony
    of the complainant, who is the interested witness,
    cannot be relied upon without having corroboration
    with the independent evidence.

    18. For an offence under Section 7 of the PC Act,
    the demand of illegal gratification is a sine qua non to
    prove the guilt. Mere recovery of currency notes
    cannot constitute an offence under Section 7 of the
    PC Act, unless it is proved beyond reasonable doubt
    that the accused voluntarily accepted the money,
    knowing it to be a bribe. The proof of acceptance of
    illegal gratification can follow only if there is proof of
    demand.

    19. In view of the foregoing, there is no iota of
    evidence by which the demand can be proved. Thus,
    the conclusion of the trial court and the High Court to
    prove the demand is based on surmises and erratic
    approach ignoring the legal position as enunciated,
    which cannot be sustained on the facts of the case.”

    22. On the said issue, the judgments of this Court in
    B. Jayaraj v. State of A.P.6, C.M. Girish Babu v. CBI
    are relevant, whereby this Court has clearly spelt out
    that the recovery shall follow the proof of demand.
    The presumption under Section 20 of the PC Act can
    be drawn only when the demand is proved and the
    money is voluntarily accepted, knowing the fact that
    the said money has been delivered by way of bribe. In
    the absence of proof of demand for illegal gratification
    and mere possession or recovery of the currency
    notes is not sufficient to constitute such offence. It is
    clarified that presumption under Section 20 of the PC
    26

    Act can be drawn only after demand and acceptance
    of illegal gratification is proved beyond reasonable
    doubt. In our considered opinion, the findings as
    recorded by the trial court and the High Court,
    drawing presumption under Section 20 of the PC Act,
    are completely perverse in law. There is no evidence
    to prove the demand and the acceptance. The theory
    of preponderance of probabilities, as applied in this
    case, is not sustainable and the finding of the High
    Court is liable to be set aside.

    35. In the matter of Satish Kumar Kajal (supra), decided on

    08.03.2022, the Hon’ble Supreme Court has observed in paras 35,

    36, 37 & 38 as under:

    “35. The aforesaid oral and documentary evidence
    on record does not satisfy the tests laid down by the
    Supreme Court in the case of Ram Singh v. Col.
    Ram
    Singh
    (supra), concerning conditions for admissibility
    of a tape-recorded statement. In this case, the
    evidence and material on record is not sufficient to
    prove that the recorded voice of the speaker was duly
    identified by the maker of the record. The witness
    from the CFSL. i.e. P.w.3. Dr. Rajendra Singh,
    admitted that he did not give a confirmatory opinion,
    because spectrographic test could not be carried out.
    The said witness gave his opinion of otherwise
    confirming the voice of the Appellant on the basis of
    copy of the original recording, while according to the
    Investigating Officer, Pw.16. Anil Dabbas, the copy
    was never sent to the CFSL with the originally
    recorded micro cassette. As noted above, there is
    nothing on record to show that the tapes were played
    before the Court for examining the veracity of the
    transcripts. Therefore, this Court is of the opinion that
    27

    the tape-recorded conversations could not have been
    relied upon to prove the prosecution case.

    36. Even otherwise, the tape-recorded
    conversations could have been relied upon, only as
    corroborative evidence of conversation and in the
    absence of direct evidence of any such conversation
    in the form of a shadow witness deposing in that
    regard, the tape-recorded conversation could not be
    said to be admissible evidence and the same could
    not be relied upon, as held by the Supreme Court in
    the case of Mahabir Prasad Verma v. Dr Surinder
    Kaur
    , (supra).

    37. The manner in which the tape-recorded
    conversations and the transcripts prepared on the
    basis of the same, were sought to be brought before
    the Court and relied upon by the prosecution, shows
    that Rules framed for production, use and recording
    tape-recorded evidence in Court, were not followed.
    The said Rules mandate that the Court shall hear the
    tape-recorded conversation in order to verify whether
    the transcript produced along with the tape is correct
    or not and endorse such verification on the transcript
    record Thus, it becomes clear that the tape-recorded
    conversations and the transcripts could not have
    been relied upon by the prosecution to prove its case.

    38. In this backdrop, it becomes clear, that in the
    present case, the pre-trap panchanama as well as the
    post- trap panchanama, prepared on the basis of
    such tape-recorded conversations and transcripts,
    suffered from the aforesaid defect and deficiency in
    terms of proof expected under the relevant Rules and
    the said position of law. In such a situation, the only
    evidence pertaining to demand of illegal gratification
    by the Appellant, was the testimony of the
    complainant. A perusal of the evidence of the
    28

    complainant- Pw 1 shows that it suffers from
    contradictions when compared with written complaint
    submitted to the CBI. In such cases involving trap
    concerning offences under the aforesaid Act,
    evidence of demand of illegal gratification coming
    only from the complainant without any corroborative
    evidence has to be treated as unsafe. In the present
    case, there is no shadow witness and it is only the
    sole testimony of the complainant pertaining to
    demand of illegal gratification. The tape-recorded
    conversation and the transcripts prepared on that
    basis could be only corroborative evidence. But, as
    noted above, the same could not have been relied
    upon by the prosecution, in view of the serious
    defects concerning tape-recorded conversations and
    their proof. This indicates that in the present case,
    there is lack of evidence to prove demand of illegal
    gratification on the part of the Appellant.”

    36. In the matter of Ravindra v. CBI and Mohammad Salim v. CBI

    (Supra), decided on 02.12.2025, the Hon’ble Supreme Court has

    observed in paras 78, 79 & 82 as under:

    “78. To prove that the shadow witness must watch
    the entire demand for gratification, failing which the
    conviction may be set aside, the appellants’ Counsel
    has relied on K. Shanthamma v. State of Telangana,
    (2022) 4 SCC 574. The Hon’ble Supreme Court
    observed that the prosecution’s case suffered a major
    defect because the shadow witness, who was
    explicitly instructed to accompany complainant into
    the appellant’s chamber and observe the
    conversation did not comply with this direction.

    Instead, the witness waited in the corridor during the
    crucial moment when the alleged bribe was
    demanded and accepted. Both witnesses admitted
    29

    this lapse, and the prosecution did not explain the
    witness’s failure to enter the chamber. As a result, the
    witness was the sole witness to the alleged demand
    and payment. Further Complaint’s own testimony
    contained significant contradictions and
    improvements, further weakening the prosecution’s
    case. Since the independent shadow witness did not
    witness the transaction and there was no
    corroboration, the Court held that the alleged demand
    was not reliably proved. The relevant paragraph is
    reproduced below:

    “14. PW 1 described how the trap was laid.
    In the pre-trap mediator report, it has been
    recorded that LW 8, Shri R. Hari Kishan,
    was to accompany PW 1 – complainant at
    the time of offering the bribe. PW 7 Shri
    P.V.S.S.P. Raju deposed that PW 8 Shri
    U.V.S. Raju, the Deputy Superintendent of
    Police, ACB, had instructed LW 8 to
    accompany PW 1 complainant inside the
    chamber of the appellant. PW 8 has
    accepted this fact by stating in the
    examination- in-chief that LW 8 was asked
    to accompany PW 1 and observe what
    transpires between the appellant and PW 1.
    PW 8, in his evidence, accepted that only
    PW 1 entered the chamber of the appellant
    and LW 8 waited outside the chamber. Even
    PW 7 admitted in the cross- examination
    that when PW 1 entered the appellant’s
    chamber, LW 8 remained outside in the
    corridor. Thus, LW 8 was supposed to be an
    independent witness accompanying PW 1.
    In breach of the directions issued to him by
    PW 8, he did not accompany PW 1 inside
    30

    the chamber of the appellant, and he waited
    outside the chamber in the corridor. The
    prosecution offered no explanation why LW
    8 did not accompany PW 1 inside the
    chamber of the appellant at the time of the
    trap”.

    79. The prosecution failed to prove why the
    investigating officer did not even attempt to send the
    panch witness with the complainant to verify whether
    the appellant, in fact, made the demand for illegal
    gratification. The said negligent act by the
    investigating officer is in direct contravention of the
    CBI manual’s guidelines. Further, on the ground of
    relevance of the audio recording, the appellants have
    placed reliance on Rajesh Gupta v. State Through
    Central Bureau of Investigation
    , (2022) 20 SCC 793 –
    wherein the Hon’ble Apex court has held that tape
    recording is admissible only if the voice of the
    speaker is identifiable, further it should be proved by
    the prosecution must prove that the tampering or
    distortion was not possible with the audio recording.
    The relevant para is reproduced below:

    “10. As regards the alleged demand at the
    pre-trap stage, it is said to have been made
    first time on 7-3-2000 through the Chartered
    Accountant, namely, Mr. Rajiv Jain and
    second time when complainant visited the
    office of the appellant on the same date i.e.
    7-3-2000 along with her employee, Krishan
    Kumar. To prove the said two demands on
    7-3-2000, neither Rajiv Jain, Chartered
    Accountant nor Krishan Kumar (employee of
    the complainant) have been examined in the
    court. It is to be observed that before the
    accused is called upon to explain the
    31

    foundational fact of demand and
    acceptance, it must be proved by the
    prosecution by cogent evidence. The
    testimony of the complainant, who is an
    interested or partisan witness with the
    success of trap, must be tested in the same
    way as that of any other interested witness.
    Except the testimony of PW 3 Madhu Balal,
    no other material has been brought on
    record to prove the said demand. Therefore,
    in our considered view, pre-trap demand on
    7-3-2000 has not been proved by the
    prosecution, which is a foundational fact of
    the case. In our view, the finding recorded by
    the trial court to prove the pre-trap demand
    i.e. on 7-3-2000 is without any evidence on
    record and based on erratic evaluation,
    which is mechanically confirmed by the High
    Court”.

    82. For proving the inadmissibility of the transcript,
    reliance is placed on the Ramesh Thete v. State of
    Madhya Pradesh Cri. Appeal No. 865 of 2007, which
    this Court finds relevant in the present factual matrix.
    Transcripts of conversation between complainant and
    accused not acceptable in the absence of a tape-

    recorded version. The relevant para is reproduced
    below-

    “25. As far as question of demand of bribe by
    the accused is concerned, again there is sole
    evidence of complainant (PW-3). We have
    already discussed that there was no shadow
    witness in the case. Therefore, whether any
    demand was made by the accused at the time
    of delivery of bribe money to accused, except
    the evidence of complainant (PW-3), there is
    32

    no other evidence. Though, according to
    prosecution, complainant was given a micro
    cassette recorder and he recorded the
    conversation, which took place between him
    and the accused, yet the said tape was not
    found audible. In the absence of the said tape
    recorded version, the transcript prepared by
    the investigating officer and other witnesses
    cannot be accepted.”

    37. Upon a careful and comprehensive evaluation of the entire evidence

    on record, this Court finds that the foundational requirement for

    establishing the offence under the Prevention of Corruption Act,

    namely the proof of demand of illegal gratification, has not been

    satisfactorily established by the prosecution. It is well settled that

    demand of illegal gratification is the gravamen of the offence and

    unless the prosecution proves such demand beyond reasonable

    doubt, mere recovery of tainted currency notes from the accused

    cannot lead to conviction. In the present case, the prosecution has

    primarily relied upon the testimony of the complainant Ramesh

    Kumar Yadav (PW-2) to establish the demand of illegal gratification

    by the accused Suresh Kurre, who was posted as Labour Inspector

    at the relevant time. However, the testimony of the complainant

    does not receive corroboration from any independent source. On

    the contrary, the independent witnesses associated with the trap

    proceedings have failed to support the prosecution on the most

    crucial aspect of demand of illegal gratification.

    38. Both independent witnesses, namely Dr. Vinay Kumar Tiwari (PW-

    3) and Chetan Sahu (PW-6), have categorically stated before the
    33

    learned trial Court that they did not hear the accused demanding

    any money from the complainant. These witnesses were specifically

    associated with the trap proceedings in order to lend credibility and

    transparency to the process, yet their testimony clearly indicates

    that they were standing at a distance and were unable to hear the

    alleged conversation between the complainant and the accused.

    Consequently, the alleged demand of illegal gratification is not

    supported by any independent witness. The evidence of these

    witnesses, therefore, creates a serious dent in the prosecution case

    and renders the version of the complainant uncorroborated on the

    most material aspect of the offence.

    39. Another circumstance which assumes considerable significance is

    the admission made by the complainant during cross-examination

    that he had prior disputes with the department and that recovery

    proceedings had been initiated against him on account of alleged

    financial irregularities. He further admitted that he believed the

    accused was responsible for initiating such departmental action.

    These circumstances indicate a clear possibility of motive for false

    implication of the accused. It has also come on record that the

    complainant himself was appointed in the year 2017 as a Welfare

    Officer in the office of the Labour Officer, Jashpur through a

    placement agency namely Call Me Services and remained posted

    till 01.12.2018, after which he was relieved on 11.12.2018. It is

    further alleged that even thereafter he continued to run an institution

    in the name of “Chhattisgarh Abhinandan Educational and Social

    Welfare Society,” on the basis of which allegations of irregularities
    34

    were made against him. In this context, the official procedure

    relating to training programmes assumes importance. The material

    on record demonstrates that the entire process of submission of

    claims, preparation of note-sheet, verification, approval by the

    District Collector and final issuance of cheque is carried out by the

    Labour Officer and other competent authorities. The role of the

    Labour Inspector, if any, is confined only to physical verification of

    the training programme upon directions of the Labour Officer, and

    he has no role in processing, sanctioning or disbursing payments.

    The prosecution has also failed to produce any document to

    establish that the amount of Rs.6,37,000/- was actually due and

    payable to the complainant at the relevant time. In absence of such

    evidence, and considering that the accused had no authority in the

    release of payment, the allegation of demand of illegal gratification

    for issuance of cheque becomes highly doubtful. In these

    circumstances, the implication of the present accused appears to

    be unjustified and lends support to the defence plea of false

    implication.

    40. The evidence of PW-4, who was the competent Labour Officer,

    clearly establishes that the authority to process and release

    payment under the scheme vested with the Labour Officer and not

    with the Labour Inspector. The accused was merely a subordinate

    official and had no authority to sanction or release the alleged

    payment. In absence of any official role in processing the

    complainant’s claim, the possibility of demand of illegal gratification

    by the appellant becomes highly doubtful.

    35

    41. The evidence of the trap officer Promod Khes (PW-8) also does not

    materially improve the prosecution case in this regard. Although the

    trap officer has described the procedural aspects of the trap

    proceedings and the alleged recovery of tainted currency notes

    from the possession of the accused, his cross-examination reveals

    that the investigating agency did not verify whether any amount was

    actually pending for payment to the complainant. He has further

    admitted that the complainant did not produce any official

    documents showing that the said amount was due from the

    department. Moreover, the alleged recorded conversation between

    the complainant and the accused was not subjected to forensic

    examination to verify the voices contained therein. In the absence of

    such scientific verification, the alleged recording cannot be relied

    upon with certainty to establish the demand of illegal gratification.

    The trap officer has also admitted that the independent witnesses

    were standing at a distance and therefore could not hear the

    conversation between the complainant and the accused. These

    admissions significantly weaken the prosecution case and make it

    evident that the alleged demand of bribe rests solely upon the

    testimony of the complainant.

    42. It is well settled that the presumption under Section 20 of the

    Prevention of Corruption Act arises only when the prosecution first

    proves the foundational facts of demand and voluntary acceptance

    of illegal gratification. In the present case, since the prosecution has

    failed to prove the demand of bribe through reliable evidence, the

    statutory presumption under Section 20 cannot be invoked against
    36

    the appellant.

    43. The law on this aspect has been authoritatively laid down by the

    Hon’ble Supreme Court in K. Shanthamma (supra) wherein it has

    been held that proof of demand and acceptance of illegal

    gratification are essential ingredients of the offence under Section 7

    of the Prevention of Corruption Act and that mere recovery of

    tainted currency notes is not sufficient to sustain conviction. The

    same principle has been reiterated in Rajesh Gupta (supra),

    wherein the Hon’ble Supreme Court held that demand of illegal

    gratification is the sine qua non for constituting the offence and

    unless the prosecution proves such demand beyond reasonable

    doubt, the conviction cannot be sustained merely on the basis of

    recovery of currency notes. Similar views have also been expressed

    by the Bombay High Court in Satish Kumar Kajal v. State through

    CBI and Ravindra v. CBI and Mohammad Salim v. CBI, (supra)

    wherein it has been observed that when independent witnesses do

    not support the prosecution case regarding demand and

    acceptance of bribe, the prosecution case becomes doubtful and

    the accused is entitled to the benefit of doubt.

    44. In the present case, though the prosecution has proved that certain

    currency notes treated with phenolphthalein powder were allegedly

    recovered from the possession of the accused, the foundational fact

    of demand of illegal gratification has not been established through

    reliable and convincing evidence. It is also noteworthy that the

    phenolphthalein test conducted during the trap proceedings does

    not by itself establish the guilt of the accused unless the prosecution
    37

    first proves the demand and voluntary acceptance of illegal

    gratification. The evidence regarding the hand wash and pocket

    wash of the accused cannot by itself prove the conscious

    acceptance of the tainted currency notes in absence of reliable

    proof of demand. The testimony of the complainant remains

    uncorroborated and the independent witnesses have not supported

    the prosecution on the crucial aspect of demand. The investigation

    also suffers from certain deficiencies, particularly the failure to verify

    the alleged pending payment and the failure to obtain forensic

    verification of the recorded conversation. In criminal jurisprudence

    the burden lies entirely upon the prosecution to prove the guilt of the

    accused beyond reasonable doubt, and when serious doubts arise

    regarding the essential ingredients of the offence, the accused is

    entitled to the benefit of such doubt.

    45. In view of the foregoing analysis and the detailed appreciation of

    evidence discussed hereinabove, this Court is of the considered

    opinion that the prosecution has failed to establish the foundational

    requirement of the offence, namely the demand of illegal

    gratification by the accused, beyond reasonable doubt. The entire

    prosecution case regarding demand rests solely upon the testimony

    of the complainant Ramesh Kumar Yadav (PW-2), which does not

    find corroboration from the independent witnesses associated with

    the trap proceedings. Both Dr. Vinay Kumar Tiwari (PW-3) and

    Chetan Sahu (PW-6) have not supported the prosecution case on

    the crucial aspect of demand of bribe and have clearly stated that

    they did not hear the accused making any such demand.
    38

    Furthermore, the investigation conducted by the Anti-Corruption

    Bureau also suffers from material deficiencies inasmuch as the

    investigating officer did not verify whether any amount was actually

    pending for payment to the complainant and the alleged recorded

    conversation was not subjected to forensic examination to confirm

    the voices contained therein.

    46. It is well settled that mere recovery of tainted currency notes from

    the possession of the accused, in the absence of proof of demand

    and acceptance of illegal gratification, is not sufficient to sustain

    conviction under the Prevention of Corruption Act, as has been

    consistently held by the Hon’ble Supreme Court in K. Shanthamma

    v. State of Telangana and Rajesh Gupta v. State through CBI. In

    the present case, since the prosecution has failed to establish the

    demand of illegal gratification through reliable and independent

    evidence, the benefit of doubt must necessarily go in favour of the

    accused.

    47. Accordingly, this Court finds that the conviction recorded by the

    learned trial Court cannot be sustained in the eyes of law.

    48. Consequently, the appeal deserves to be and is hereby allowed.

    The judgment of conviction and order of sentence for the offence

    under Section 7 of the Prevention of Corruption Act, 1988 passed

    by the learned trial Court against the appellant/accused Suresh

    Kurre are set aside. The appellant is acquitted of the charges

    levelled against him.

    39

    49. The appellant is reported to be on bail. However, his bail bonds are

    not discharged at this stage and shall remain operative for a further

    period of six months in view of Section 437-A of the Cr.P.C. {481 of

    Bharatiya Nagarik Suraksha Sanhita (BNSS)}.

    50. Registrar (Judicial) is directed to transmit the original record to the

    concerned trial Court for necessary information and follow up

    action.

    Sd/-

    (Ramesh Sinha)
    Chief Justice

    Rahul Dewangan
    40

    Headnote

    Where the allegation of demand rests solely on the uncorroborated

    testimony of the complainant and the independent witnesses fail to

    support the prosecution case on the material aspect of demand and

    acceptance, the foundational facts necessary for raising the statutory

    presumption remain unproved. In such circumstances, particularly where

    surrounding facts indicate prior animosity or departmental disputes giving

    rise to a possible motive, the possibility of false implication cannot be

    ruled out, and the accused is entitled to the benefit of doubt.



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