TMI Blog2019 (2) TMI 2097X X X X Extracts X X X X X X X X Extracts X X X X ..... his appeal arises out of the judgment dated 02.04.2009 passed by the High Court of Delhi in Criminal Appeal Nos.15 and 4 of 2007 in and by which the High Court affirmed the conviction of the appellant under Section 7 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and the sentence of imprisonment imposed upon her. 2. Complainant-Ravijit Singh Sethi received a phone call from the appellant who was working as LDC in Delhi Vidyut Board on 17.04.2000 at 07.30 am asking the complainant to meet her at her house in connection with installation of electricity meter at his shop. When complainant met the appellant, she demanded bribe of Rs.15,000/- for installation of meter which was subsequently reduced to Rs.10,000/- after negotiation. The appellant agreed to receive the said amount between 03.00 PM-04.00 PM on the same day at the shop of the complainant. As the complainant was not willing to pay the bribe, he made a complaint (Ex.PW5/A) before ACB, based on which, FIR was registered. Inspector O.D. Yadav (PW-6) organised the pre-raid proceedings. S.K. Awasthi (PW-5) accompanied the complainant and the complainant paid Rs.10,000/- to the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... radesh and another (2015) 10 SCC 152. In the said case, the complainant died before the trial and thus could not be examined by the prosecution. Panch witness was examined as PW-1, which was the sheet anchor of the prosecution case. Observing that on the demise of the complainant, primary evidence of the demand is not forthcoming and inferential deduction of demand is impermissible in law, in paras (24) and (25), this Court held as under:- 24. The sheet anchor of the case of the prosecution is the evidence, in the facts and circumstances of the case, of PW 1 S. Udaya Bhaskar. . Though, a very spirited endeavour has been made by the learned counsel for the State to co-relate this statement of PW 1 S. Udaya Bhaskar to the attendant facts and circumstances including the recovery of this amount from the possession of the appellant by the trap team, identification of the currency notes used in the trap operation and also the chemical reaction of the sodium carbonate solution qua the appellant, we are left unpersuaded to return a finding that the prosecution in the instant case has been able to prove the factum of demand beyond reasonable doubt. Even if the evidence of PW 1 S. Ud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the complainant had turned hostile. In Kishan Chand Mangal v. State of Rajasthan (1982) 3 SCC 466, by the time of trial, the complainant Rajendra Dutt expired and he could not be examined. The Court relied upon evidence of two Motbir witnesses Ram Babu (PW1) and Keshar Mal (PW-2), Dy. SP Mahavir Prasad (PW-7) and the factum of recovery of money from the accused and convicted the accused thereon. Affirming the conviction of the appellant/accused, this Court held that ..the tell-tale circumstances which do indicate that there must have been a demand and it is not proper to say that there is no evidence of demand of bribe as on November 20, 1974. 9. In Hazari Lal v. State (Delhi Administration) (1980) 2 SCC 390, the complainant was declared hostile and the only other evidence was that of Inspector (PW-8) to whom the complainant made statement when he went to lodge the complaint and another witness who has supported the prosecution case only in some particulars. Based on the evidence of the Inspector who laid the trap and panch witness and observing that it is not necessary that the passing of money should be proved by direct evidence, in para (10) of Hazari Lal, the Supr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the gratification as a motive or reward for doing or forbearing to do any official act etc., if the condition envisaged in the former part of the section is satisfied. The only condition for drawing such a legal presumption under Section 20 is that during trial it should be proved that the accused has accepted or agreed to accept any gratification. The section does not say that the said condition should be satisfied through direct evidence. Its only requirement is that it must be proved that the accused has accepted or agreed to accept gratification. Direct evidence is one of the modes through which a fact can be proved. But that is not the only mode envisaged in the Evidence Act. 17. Presumption is an inference of a certain fact drawn from other proved facts. While inferring the existence of a fact from another, the court is only applying a process of intelligent reasoning which the mind of a prudent man would do under similar circumstances. Presumption is not the final conclusion to be drawn from other facts. But it could as well be final if it remains undisturbed later. Presumption in law of evidence is a rule indicating the stage of shifting the burden of pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent submitted that the court must take into consideration the facts and circumstances brought on record and may draw inference to arrive at the conclusion whether demand and acceptance of the illegal gratification has been proved or not. Insistence of direct proof or primary evidence for proving the demand may not be in consonance with the view taken by this Court in number of judgments. The learned senior counsel has drawn our attention to other cases to substantiate her contention that Satyanarayana had not taken note of the consistent view taken by the Supreme Court. We are not delving into the controversy any further. We are of the opinion that the following issue requires consideration by the larger Bench:- The question whether in the absence of evidence of complainant/direct or primary evidence of demand of illegal gratification, is it not permissible to draw inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 based on other evidence adduced by the prosecution. 15. In the light of the consistent view taken by this Court in various judgments, we h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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