PREVENTION OF CORRUPTION ACT, 1988

Section 7

Prevention of Corruption Act, 1988 - Section 13

Offence relating to public servant being bribed - Demand and acceptance of bribe by Tahsildar proved with evidence - Prosecution proved its case against Tahsildar beyond reasonable doubt - Allowability of appeal against order of acquittal of Tahsildar

Complainant gave an application to Tahsildar for change of mutation entries in Revenue records in respect of certain agricultural lands which had fallen to his share in partition between himself and his brothers. The Tahsildar demanded bribe for doing his work. The complainant filed complaint against the Tahsildar, wherein steps were taken to lay a trap. Authority filed charge sheet against the Tahsildar for violation of sections 7 and 13(1)(d). Trial court passed order of conviction against him, but High Court passed order of acquittal of the Tahsildar on the ground that the finding recorded by the trial court regarding evidence of the complainant establishing the demand and acceptance of the bribe by the Tahsildar was highly perverse. Therefore, the complainant filed an appeal before Apex Court against the order.Held: The complainant in his testimony before the court gave a detailed account establishing the basic and important facts such as the demand and acceptance of bribe by the accused. The High Court totally ignored the version of Authority and erroneously observed that the prosecution failed to establish the demand in so far as the prosecution failed to show that colour of the solution from both the hands did not change and further the accused kept the bribe amount in his pant pockets. Considering all evidences, the prosecution proved its case against the Tahsildar beyond the reasonable doubt and the charges against the Tahsildar namely under sections 7, 13(1)(d) and 13(2) were proved so as to hold him guilty of these offences. Thus, the judgment of High Court was set aside and the order of Trial Court was restored.