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Criminal · Reportable judgment

Mir Mustafa Ali Hasmi vs The State of A.P.

Court
Supreme Court of India
Date
10 July 2024
Case No.
Criminal Appeal No. 2845 of 2024
Result
Allowed
Bench
Bhushan Ramkrishna Gavai, Sandeep Mehta
Citation
[2024] 7 S.C.R. 640 : 2024 INSC 503
Acts & Sections
Prevention of Corruption Act, 1988 CrPC
Supreme Court Reports [2024] 7 S.C.R. 640 : 2024 INSC 503
Issue for consideration
The question arose whether the prosecution was able to prove beyond all manner of doubt the fact that the appellant demanded and accepted bribe from the complainant; and whether the courts below were justified in convicting and sentencing the appellant for offence punishable u/ss.7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988, for the demand and acceptance of illegal gratification.
Headnote

Prevention of Corruption Act, 1988 – ss. 7 and 13(1)(d) r/w 13(2) – Demand and acceptance of illegal gratification – Prosecution case that the the appellant-Forest Section Officer and the co-accused-Forest guard demanded and accepted bribe from the complainant who operated a sawmill – Complaint filed by the complainant to the DySP, alleging that the flying squad led by the appellant imposed a fine of Rs.50,000/- on his saw mill in relation to the recovery of illegal and unlicensed teakwood in the saw-mill – Next week, the appellant and the Forest guard again demanded a monthly amount of Rs.5,000/- to refrain from taking any further action on the saw-mill – DySP organized the pre-trap proceedings, wherein the appellant demanded and accepted the bribe amount from the complainant – Conviction and sentence of the appellant and the co-accused u/ss. 7 and 13(1)(d) r/w 13(2) by the trial court – High Court acquitted the co-accused whereas upheld the order as regards the appellant – Correctness: Held: Grave suspicion on the prosecution case that the appellant demanded the bribe money from the complainant – Prosecution miserably failed to prove the factum of demand of bribe against the appellant by reliable direct or circumstantial evidence – Allegation regarding acceptance of bribe by the appellant is primarily based on the evidence of the complainant, PW-2 and DySP whereas the complainant and PW-2 being close friends, it can safely be assumed that PW-2 was an interested witness – No satisfactory evidence on record to establish that the appellant had actually handled the tainted currency notes as claimed by the complainant – No justification for the DySP to have straight away register the FIR on the mere ipse dixit of the complainant and to have planned the trap proceedings without the minimum endeavour to verify the background facts leading to the alleged demand of bribe – Prudent and unbiased police officer would be persuaded to make at least a basic enquiry into these facts rather than following the dictat of the complainant – Furthermore, PW-2 was the only witness associated by the DySP to accompany the complainant for witnessing the transaction of demand and acceptance of bribe – PW-2 was kept as a shadow witness in the case – DySP did not make any effort whatsoever to associate an independent person to act as a shadow witness in the trap proceedings – Also call detail records completely demolish the complainant’s case – Manner in which the worker in the saw mill was associated as a panch witness in the trap proceedings, creates a grave doubt that the entire case was orchestrated against the appellant at the instance of the worker – Prosecution case full of embellishments contradicting and doubting and thus, would not be safe to convict the appellant for having demanded and accepted the bribe money from the complainant – Prosecution failed to bring home the charges against the appellant by leading evidence of an unimpeachable character – Appellant to be acquitted of the charges – Impugned judgments quashed and set aside. [Paras 48, 52-57]

Keywords: Demand and acceptance of bribe · Conviction and sentence for offence punishable u/ss. 7 and 13(1)(d) r/w 13(2) of the PC Act, 1988 · Pre-trap proceedings · Trap Laying Officer · Interested witness · Tainted currency notes

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Mehta, J. 1. Leave granted. 2. This appeal by special leave filed on behalf of the appellant lays a challenge to the judgment dated 2nd August, 2022 passed by the High Court of Telangana at Hyderabad in Criminal Appeal No.1036 of 2008, whereby the appeal preferred by the appellant was dismissed and the judgement dated 5th August, 2008 passed by the learned Additional Special Judge for SPE and ACB Cases, City Civil Court, Hyderabad (hereinafter being referred to as ‘trial Court’) was affirmed. By the said judgment, the appellant herein i.e., Accused Officer No.1 (hereinafter being r
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