1990 (11) TMI 404 - SC - Indian Laws

Summary

Issues:
1. Allegations of bribery and corruption against forest officials.
2. Appeal regarding the abatement of the first appellant's case due to death.
3. Examination of evidence and presumption of guilt against the second appellant.

Analysis:

Issue 1: Allegations of bribery and corruption against forest officials
The case involved allegations of bribery and corruption against two forest officials, where the first appellant, a Forest Ranger, and the second appellant, a Forester, were accused of demanding bribes from a Forest Guard. The prosecution presented evidence of the appellants instructing the guard to collect bribes from goat owners, threatening adverse consequences if he did not comply, and subsequently accepting the bribes. The appellants denied the allegations during examination under Section 313, Cr.P.C. The Trial Court and High Court accepted the prosecution's evidence, leading to the conviction of both appellants. The Supreme Court, however, scrutinized the evidence and found discrepancies and lack of substantial proof regarding the demand for bribes. Ultimately, the Court acquitted the second appellant due to insufficient evidence to establish the charges of bribery and corruption against him.

Issue 2: Appeal regarding the abatement of the first appellant's case due to death
The first appellant passed away during the pendency of the appeal, leading to the question of abatement of the appeal. The legal provision under Section 394 of the CrPC states that every appeal shall abate upon the death of the appellant unless a relative applies within 30 days for leave to continue the appeal. In this case, the son of the deceased appellant filed a petition seeking permission to continue the appeal, but the Court rejected the application due to a significant delay of 10 years in filing it. The Court cited the lack of sufficient cause for condonation of the delay and emphasized the importance of timely legal proceedings in such matters.

Issue 3: Examination of evidence and presumption of guilt against the second appellant
The Supreme Court analyzed the evidence against the second appellant, who had admitted to receiving a sum of money. As per the Prevention of Corruption Act, there is a presumption that a public servant accepting gratification did so as a motive or reward unless proven otherwise. However, the Court noted the absence of concrete evidence establishing the demand for bribes. The prosecution failed to produce witnesses or substantial proof of the alleged bribery demands. Consequently, the Court found the evidence insufficient to prove the charges against the second appellant and acquitted him based on the lack of credible evidence supporting the allegations.

In conclusion, the Supreme Court acquitted the second appellant due to insufficient evidence of bribery demands, while the appeal of the first appellant abated following his demise. The judgment highlighted the importance of substantial evidence and timely legal actions in cases involving allegations of corruption and bribery against public officials.