Mere Recovery Of Currency Notes From Public Servant Does Not Constitute Offence U/s 7 Of Prevention Of Corruption Act: Supreme Court

The Supreme Court has observed that mere possession or recovery of currency notes is not sufficient to constitute an offence under Section 7 of the Prevention of Corruption Act.To prove the charge, it has to be proved beyond reasonable doubt that accused voluntarily accepted money knowing it to be bribe, the bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah. To prove the charge, it has to be proved beyond reasonable doubt that accused voluntarily accepted money knowing it to be bribe, the bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah observed while setting aside a High Court judgment which convicted an accused in a corruption case. In the aforesaid judgments of this Court while considering the case under Sections 7, 13 and of the Prevention of Corruption Act, 1988 it is reiterated that to prove the charge, it has to be proved beyond reasonable doubt that accused voluntarily accepted money knowing it to be bribe. It is further held that so long as the view of trial court can be reasonably formed, regardless of whether the High Court agrees with the same or not, verdict of trial court cannot be interdicted and the High court cannot supplant over the view of the trial court" While setting aside the High Court judgment, the bench observed: "In view of the contradictions noticed by us above in the depositions of key witnesses examined on behalf of the prosecution, we are of the view that the demand for and acceptance of bribe amount and cell phone by the appellant, is not proved beyond reasonable doubt.