23-02-2022
The Top court today delivered that the evidence regarding the demand and acceptance for bribe by a government servant and its approval by the officer is must for considering the crime under the provision of the anti-corruption act which relates to public servants taking bribes.
The Supreme Court noted that crime under Section 7 of the Prevention of Corruption (PC) Act relating to public servants charging bribes needs a demand of illegal gratification and its consideration.
The bench comprising of Justices Ajay Rastogi and Abhay S Oka mentioned this by striking down the order earlier delivered by the Telangana High Court which had upheld the conviction of a female government servant, who was doing job as a commercial tax officer in Secunderabad and having charges under the PC Act section 7.
The bench strongly noted that "The offence under section 7 of the PC Act relating to government job holders considering the bribes requires a demand of illegal gratification and acceptance thereof. The evidence of demand of bribe by a government person and its acceptance by him is sine qua non for establishing the offence under section 7 of the PC Act".
While considering this appeal, the court also said the judgement for the crimes chargeable under sections 7 and 13(1)(d) deals with section 13(2) of the PC Act is kept out and the appellant is considered innocent and acquitted of the charges mentioned over her.
The court further said that proof of the complaint in the appeal about demand for bribes by the appellant was definitely "not at all reliable".