2007 (8) TMI 727 - SC - Indian Laws

Supreme Court Upholds Conviction in Corruption Case

Girja Prasad (Dead) By Lrs Versus State of Madhya Pradesh

The Supreme Court upheld the High Court's decision to convict the accused for offenses under the IPC and Prevention of Corruption Act. The Court found the ... Whether the acquittal recorded by the Trial Court was not in consonance with law and the High Court was right in setting aside it and in convicting the accused, it is a mere consequence which cannot be helped? Issues Involved:1. Legality of the High Court's decision to overturn the acquittal and convict the accused.2. Validity of the evidence presented by prosecution witnesses.3. Application of the presumption under Section 4 of the Prevention of Corruption Act, 1947.4. Implications of the accused's death during the appeal process on the continuation of the appeal and potential consequences for pensionary benefits.Detailed Analysis:1. Legality of the High Court's Decision to Overturn the Acquittal and Convict the Accused:The High Court set aside the acquittal recorded by the Trial Court and convicted the appellant for offences under Section 161 of the IPC and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947. The Supreme Court upheld the High Court's decision, stating that once it is proved that the accused accepted the amount, the presumption under Section 4 of the Act would get attracted. The Trial Court's finding that the accused accepted the amount for someone else was deemed immaterial. The Supreme Court emphasized that the High Court was justified in setting aside the acquittal and recording a conviction based on the evidence.2. Validity of the Evidence Presented by Prosecution Witnesses:The Trial Court had acquitted the accused partly because the Panch witnesses did not support the prosecution and were treated as hostile. The High Court, however, relied on the evidence of PW 1 (Anup Kumar - Complainant) and PW 10 (S.K. Tiwari - Inspector of Special Police Establishment). The Supreme Court supported this reliance, stating that the credibility of witnesses should be tested on the touchstone of truthfulness and trustworthiness. The Court noted that there is no rule of law that police witnesses should not be relied upon unless corroborated by independent evidence. The evidence of PW 1 and PW 10 was found to be reliable and trustworthy, justifying the conviction.3. Application of the Presumption Under Section 4 of the Prevention of Corruption Act, 1947:The Supreme Court clarified that once the accused accepted the amount, the presumption under Section 4 of the Act came into play. The Trial Court's observation that the presumption is rebuttable was acknowledged, but the Supreme Court noted that the accused's defense of total denial and false implication did not rebut the presumption. The Court emphasized that even if the amount was accepted for someone else, the accused would still be liable under the relevant sections of the IPC and the Act.4. Implications of the Accused's Death During the Appeal Process:During the pendency of the appeal in the Supreme Court, the accused died, and his widow sought to continue the appeal. The Supreme Court allowed her to continue the appeal despite a delay in filing the application. The Court, however, stated that the death of the accused did not affect the legal findings. The Court noted that if the conviction was upheld, the deceased might not be entitled to pensionary and other benefits, but this consequence could not alter the legal outcome. The argument of sympathy was not sufficient to overturn the conviction.Conclusion:The Supreme Court dismissed the appeal, upholding the High Court's decision to convict the accused. The Court found that the High Court was justified in setting aside the acquittal based on the evidence and the legal presumption under Section 4 of the Prevention of Corruption Act, 1947. The death of the accused during the appeal process did not alter the legal findings, and the appeal was dismissed accordingly.