Shivakumar v. Vs State of Karnataka
Prevention of Corruption Act, 1988 – Sections 7(a) and 12 – trap case
Case brief
What is this about?
Demand and acceptance of illegal gratification sine qua non for S.7(a) PC Act; trap case; hostile complainant; shadow witness remained outside chamber; recovery from pant pocket shrouded in doubt; tray not seized; Section 20 presumption contingent on proof of demand; Section 65(b) Evidence Act — electronic evidence/voice analysis inadmissible; sanction order application of mind upheld; departmental enquiry exoneration not decisive; benefit of doubt; acquittal; S.374(2) CrPC appeal; ACB Karnataka; BMTF Police Station; P. Satyanarayana Murthy (2015) 10 SCC 152; Sujit Biswas (2013) 12 SCC 406; C.M. Sharma (2010) 15 SCC 1; Pavan Kumar (2015) 7 SCC 148.
What did the court decide?
Both appeals allowed; judgment and order dated 16.03.2022 in Spl.C.C.No.221/2021 set aside; accused No.1 acquitted of the offence under Section 7(a) of the PC Act and accused No.2 acquitted of the offence under Section 12 of the PC Act; bail bonds cancelled; fine amount, if any deposited, to be refunded to the accused.