Public servants can be convicted of bribery on circumstantial proof: SC

Tribune News Service

New Delhi, December 15

A public servant can be convicted of illegal gratification in a corruption case on the basis of circumstantial evidence in the absence of direct oral or documentary evidence against him, the Supreme Court ruled on Thursday.

Corruption, a gigantic problem

Corruption by public servants has become a gigantic problem. It has spread everywhere. No facet of public activity has been left unaffected by the stink of corruption. Supreme court bench

“In the absence of evidence of the complainant (direct/primary, oral/documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13(1)(d) read with Section 13(2) of the Act based on other evidence adduced by the prosecution,” a five-judge Constitution Bench headed by Justice SA Nazeer said.

The Bench, which also included Justices BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna, said even if direct evidence of the complainant was not available, owing to death or other reasons, there could be conviction of the public servant under the relevant provisions.

It said the proof of demand and acceptance of illegal gratification could also be proved by circumstantial evidence in the absence of direct oral and documentary evidence. “In the event the complainant turns hostile or has died or is unable to let in his evidence during the trial, the demand of illegal gratification can be proved by letting in the evidence of any other witness either orally or documentary evidence or the prosecution can prove the case by circumstantial evidence. The trial does not abate nor does it result in an order of acquittal of the public servant,” the Bench said.

Quoting from its verdict in AB Bhaskara Rao versus CBI, it said, “Corruption by public servants has become a gigantic problem. It has spread everywhere. No facet of public activity has been left unaffected by the stink of corruption. It has a deep and pervasive impact on the functioning of the entire country. Large-scale corruption retards nation-building activities and everyone has to suffer on that count.”

Writing the verdict for the Bench, Justice Nagarathna said, “We hope and trust that the complainants as well as the prosecution make sincere efforts to ensure that the corrupt public servants are brought to book and convicted so that the administration and governance become unpolluted.”

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