Bribe Recovery Without Proof of Demand Cannot Sustain Conviction: SC

Jaswinder Singh Vs State of Punjab (Supreme Court of India)

Tainted Currency May Turn Pink, but Conviction Cannot Stand Unless Demand and Acceptance Are Proved: Supreme Court

Summary: The Supreme Court has reiterated that mere recovery of tainted currency notes and a positive phenolphthalein test cannot, by themselves, sustain a conviction under the Prevention of Corruption Act, 1988. The prosecution must establish, beyond reasonable doubt, the essential ingredients of demand and conscious acceptance of illegal gratification. Where the shadow witness did not witness the alleged payment and the evidence regarding recovery was contradictory, the benefit of doubt had to go to the accused.

The appellant, Jaswinder Singh, was serving as a Patwari. The prosecution alleged that he demanded a bribe of Rs.10,000 from the complainant for effecting mutation of property belonging to the complainant’s deceased brother in favour of the legal heirs. After negotiation, the amount was allegedly settled at Rs.9,500. The complainant approached the Vigilance Bureau, which arranged a trap. Nineteen currency notes of Rs.500 each were treated with phenolphthalein powder and handed back to the complainant. On the prosecution’s version, the complainant paid the amount to the appellant on demand, and the tainted currency was later recovered from him.