P. Somaraju Vs State of Andhra Pradesh (Supreme Court of India)
SC Restores Acquittal of Labour Officer in ACB Trap: Mere Recovery Without Proof of Demand & Acceptance Not Enough-SC Says Recovery Alone Cannot Establish Offence Under PC Act- Suspicion ≠ Proof: Supreme Court Reverses Conviction in Bribery Trap, Reaffirms Double Presumption of Innocence
The appellant — P. Somaraju, then Assistant Commissioner of Labour, Hyderabad — was accused of demanding and accepting a ₹9,000 bribe (₹3,000 allegedly paid) from labour-contractor S. Venkat Reddy for renewal of three contract-labour licences. A trap was laid by the ACB, recovery was made from the drawer of his office table, but his hand-wash test was negative.
The Trial Court (2003) acquitted him for lack of proof of demand and acceptance.
The Andhra Pradesh High Court (2011) reversed the acquittal and convicted him under Sections 7 & 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988, imposing 1 year RI + ₹10,000 fine on each count.
Somaraju appealed to the Supreme Court.
Supreme Court – Issues
1) Whether the High Court was justified in overturning the acquittal.
2) Whether the prosecution had proved demand & acceptance of illegal gratification beyond reasonable doubt.
Principles Reaffirmed
