Holding

The conviction under Section 7(2) of the Prevention of Corruption Act and Section 161 IPC is upheld, and the sentence is reduced to the period already undergone.

Summary

Bechaarbhai S. Prajapati, a police sub‑inspector, stopped a luxury bus carrying a marriage party and demanded payment for the release of the bus documents. The Anti‑Corruption Bureau arranged a trap using anthracene‑powder‑marked currency notes, which the officer accepted and concealed in his trouser pocket. The marked notes and the presence of anthracene powder on his clothing linked him to the illegal gratification. He was convicted by the trial court and the Gujarat High Court under Section 161 of the IPC and Section 7(2) of the Prevention of Corruption Act, 1988 and sentenced to one year rigorous imprisonment for each offence. On appeal, the Supreme Court held that the trial and High Courts had correctly evaluated the evidence and that the conviction was sustainable. While upholding the conviction, the Court reduced the sentence to the period already served, noting the lapse of seven years and the six‑month custody already endured. The appeal was therefore dismissed with modification of the sentence.

Issues considered

Whether the evidence proved that the police officer demanded and accepted illegal gratification under Section 7(2) of the Prevention of Corruption Act and Section 161 IPC.
Whether the conviction under the said provisions is sustainable on the record.
Whether the sentence imposed is excessive in view of the time elapsed and the period already served.

Legislation cited

Indian Penal Code, 1860s. 161
Prevention of Corruption Act, 1988s. 7(2)

Subjects

corruptionillegal gratificationpolice officerPrevention of Corruption ActSection 7(2)Section 161 IPCanthracene powder trapsentencingconviction

Judgment

(2008] 3 S.C.R. 634

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A BECHAARBHAI S. PRAJAPATI
v.
STATE OF GUJARAT
(Criminal Appeal No. 408 of 2008)
FEBRUARY 29, 2008
B
(DR. ARIJIT PASAYAT AND J.M. PANCHAL, JJ.)
.. ....
Prevention of Corruption Act, 1988

Rule 7 (2) - Illegal gratification - Accused, a policeman,
c demanding and accepting illegal gratification from owner of a
luxury bus - Trap laid and accused caught with marked
currency notes - Conviction uls 161 /PC and r. 7(2) -Affirmed
by High Court - Held: Both trial court and High Court have
analysed evidence in great detail and have found the accused
D guilty of offences charged - It cannot be said that conclusions
of either the trial court or the High Court suffer from any infi:mity - ._
- However, keeping in view the fact that the occurrence took
place seven years back and accused has suffered sentence
for more than six months, sentence reduced to the period
E already undergone - Sentence.
The appellant-accused, a policeman, stopped the
luxury bus of the complainant which was carrying a
marriage party, and demanded the documents relating to
the bus. The permit and other papers, which were in order,
F were shown to the accused who kept the papers and told
the complainant to collect the same after paying a specified
amount. The complainant approached the Anti-Corruption
Bureau. The trap was laid and the accused was caught
along with the marked currency notes of Rs. 250/-. The
(] accused was prosecuted and ultimately convicted by the
trial court for offences punishable u/s 161 IPC and Rule 7
(2) of the Prevention of Corruption Act, 1988 and , ~

sentenced to rigorous imprisonment for one year under
each of the two counts. Having remained unsuccessful
H 634
BECHAARBHAI S. PRAJAPATI v. STATE OF GUJARAT 635

.....
..., ~
in appeal before the High Court, the accused filed the A
instant appeal.
Dismissing the appeal but modifying the sentence,
the Court
HELD: 1. It is to be noted that both the trial Court and B
the High Court have analysed the evidence in great detail
~
and have found that the appellant had demanded and
iJ
accepted the amount from the complainant for allowing
the luxury bus to go to its destination. The tainted
currency notes were recovered from the appellant. On c
accused-appellant's trousers, presence of anthracene
powder was noticed. It has also been established that the
numbers of the currency notes matched with the
denominations mentioned in the pre-trap panchnama.

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Thus, it cannot be said that the conclusions of either the D
trial court or the High Court suffer from any infirmity.
[para 7-8] [641-A-D]
2. As regards the sentence, the occurrence took
place nearly seven years back. It is stated that the accused
has suffered custody for more than six months. It is to be E
noted that the minimum sentence prescribed under
Section 7 (2) of the Act is six months. Taking into account
all these aspects, interest of justice would be best served
.. ... if the sentence is reduced to the period undergone, while
maintaining the conviction. [para 9] [641-D-E] F

CRIMINALAPPELLATE JURISDICTION: Criminal Appeal
No. 408 of 2008
From the final Judgment dated 24/8/2007 of the High Court
of Gujarat atAhmedabad in Criminal Appeal No. 1289of1993. G

." Aniruddha P. Mayee, Rucha A Mayee and Sanjeev Kumar
Choudhary for the Appellant.
Hemantika Wahi and Pinky for the Respondent.
H
A
636 SUPREME COURT REPORTS

The Judgment of the Court was delivered by
Dr. ARIJIT PASAYAT, J. 1. Leave granted.
[2008] 3 S.C.R.

~ -
....
2. Challenge in this appeal is to the order passed by a
learned Single Judge of the Gujarat High Court dismissing the
B appeal filed by the appellant.
3. Challenge before the High Court was to the judgment
and order dated 5.11.1993 passed by learned Sub-Judge, Ir

Bhavnagar, in Special Case No.9of1991 whereby the appellant
was convicted and sentenced to suffer rigorous imprisonment
c for one year in respect of offence under Section 161 of the Indian
Penal Code, 1860 (in short the 'I PC') and for offence punishable
under Section 7(2) of the Prevention of Corruption Act, 1988 (in
short the 'Act'), he was sentenced to undergo rigorous
imprisonment for one year in respect of each of the offence and
D fine with default stipulation.
4. Background facts in a nutshell are as follows:
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•
On 12.12.1990, one Luxury Bus bearing No. GTS-9919
was hired by Ramnikdas Hargovindas from Bharat Travels
E Company for carrying a marriage party from Mahuva to Selana.
According to the complainant-Ghelabhai Jasabhai, the Mehtaji
of Bharat Travels who was present in the bus, at around 6.00 or
6.15 a.m. of that day when the bus reachedAasarana Chokadi,
the appellant-accused stopped the luxury bus and demanded •
F the documents relating to the luxury bus whereupon the
complainant had shown the permit and other
papers. However, the police staff kept these papers with
them.

G The appellant-accused, then demanded Rs.250/-in the
name of entry fee. The complainant, then requested the appellant
accused who was P.S.I. at the relevant time to let them go as
the bus was carrying a marriage party. However, the appellant
accused demanded Rs.250/- to which the complainant refused
• .
as instructed by the owner of the bus. It is further the case of the
H
BECHAARBHAI S. PRAJAPATI v. STATE OF GUJARAT 637
[DR. ARIJIT PASAYAT, J.]
... ..
'
A

prosecution that the appellant-accused then told the complainant A
that Rs.225/- be paid and the papers be collected from that
spot where the bus was intercepted by 10.00 O'clock, and in
case the complainant is late, the amount be paid at Khuntvada
Police Station. So saying, the appellant accused issued a receipt
in token of having taken away the permit and other papers which B
was received by Bhagwanbhai Ranchhodbhai, the driver of the
"* luxury bus. The driver was then allowed to run the bus towards
-I
village Selana. The complainant thereafter, returned to Mahuva
and narrated the incident to the owner/proprietor of the luxury
bus. On hearing this, the owner of the luxury bus was against c
giving any illegal gratification as all the documents relating to
the luxury bus were genuine. Therefore, the owner decided to
approach the Anti Corruption Bureau, Bhavnagar. Accordingly,
the complainant, the owner of the luxury bus and one Ramjibhai
who happens to be the elder brother of the owner of the luxury
D
bus went to the Office of theAnti Corruption Bureau, Bhavnagar,
• -· met Mr. Bhatt, P.I, of Anti Corruption Bureau, Bhavnagar,
apprised him of the matter and lodged the complaint. It is further
the case of the prosecution that two Panchas were called and
they were told the purpose for which they have been called, the
complaint was read over to them and they agreed to be Panch E
Witnesess. They were also explained the purpose and use of
anthracene powder. Thereafter, the complainant gave two
currency notes in the denomination of Rs.100/-each and one
.i currency note in the denomination of Rs.50/- aggregating Rs.250/
-. These currency notes as also the hands of the complainant, F
Panchas and other staff were observed in ordinary light and
nothing significant appeared. Thereafter, a bottle containing
anthracene powder was taken from the cupboard, some
anthracene powder was put in a blank paper, these currency
notes were smeared with anthracene powder and when they G
were again observed in ordinary light no visible marks were
... .. seen. These currency notes were again tested under ultra-violet
lamp and glowing marks of bluish powder were seen. These
currency notes were then put into the shirt pocket of the
complainant after ensuring that the shirt pocket was empty. It H
638 SUPREME COURT REPORTS [2008) 3 S.C.R.

A was explained to the complainant that in ordinary light the marks
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of anthracene powder will not appear but only under ultra violet
lamp the bluish powder marks of anthracene powder can be
seen. The anthracene powder that remained in the blank paper
was then put back into the bottle; the bottle was placed in the
B cupboard and locked. The blank paper was burnt and destroyed.
The complainant was instructed not to touch the currency notes
put in his pocket except for the purpose of giving them to the .. ~
appellant-accused and that these currency notes should be
given to none other than the appellant-accused. With these
instructions the constable washed his hands and made sure
c that there were no marks of anthracene powder by viewing under
ultra violet lamp. The preliminary Panchnama Exh. 14 was
drawn. The raiding party then left for Khuntvada - some persons
went by Ambassador Car while the others went by Jeep. The
complainant was instructed to give signal as soon as the amount
D
is demanded and accepted by putting his hands on his head
and Panch No.1-Hemantkumar Jayantilal Bharu was instructed - ~

to remain in the company of the complainant. In this manner,
with a view to apprehend the appellant-accused red handed
while demanding and accepting the illegal gratification from the
E complainant, the trap was arranged. It is further the case of the
prosecution that they reached Khuntvada at 5.30 p.m. and on
instructions by P.I. Mr. Bhatt, Ramjibhai Ukabhai, the elder
brother of the owner of the luxury bus went to Khuntvada Police
Station to inquire whether the P.S. I. was present or not, however, .... ~

F since the P.S.I. was not available at the Police Station, they
decided to wait for an hour. It is alleged that within an hour the
Police Jeep went towards the Police Station, and therefore,
Panch No. 1 along with the complainant was sent to the Police
Station. They went to the Police Station on foot and so did the
G others who followed. The complainant went up the first floor
where he met the appellant-accused (P.S.L) who was sitting in
the Chamber while Panch No. 1 who accompanied the
complainant waited at the door of the P.S.l's Chamber. The . .- .
complainant requested to handover the papers of the luxury bus,
H but the appellant-accused asked whether he (complainant) had
BECHAARBHAI S. PRAJAPATI v. STATE OF GUJARAT 639
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[DR. ARIJIT PASAYAT, J.]
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brought the money i.e. the illegal gratification. The complainant A
suggested that some lesser amount than Rs.250/- be accepted
to which the appellant-accused replied that Rs.200/- be given.
Accordingly, the complainant handed over the tainted currency
notes of Rs.200/- to the appellant-accused who accepted the
same by his left hand, put it in his right hand and then into his B
right hand trouser pocket. The appellant-accused then gave the
.. ~
portfolio that was in the cupboard. In the meanwhile, the
complainant had kept the remaining currency note of Rs.SO/- in
his pocket. The appellant-accused then demanded the receipt
which was given at the time of interception at the spot, but the c
complainant told that the receipt was with the driver. It is alleged
that, at that time, Pan ch No.1 was at a distance of five feet from
the Chamber of the appellant-accused and heard the
conversation between the complainant and the appellant-

.- accused. It is also alleged that the complainant, thereafter, came
out near the staircase and gave the preplanned signal to the
ACB personnel who rushed to the Chamber of the appellant-
accused in the company of Panch No.2 lshwarlal Girdharlal
D

Chauhan. The ACB Inspector revealed his identity by showing
his card, took away the revolver from the appellant-accused
(P.S.I.). At that time, the appellant-accused got frightened and E
took out the said tainted currency notes from his trouser pocket
and kept them in his fist. The P. I. ACB, Bhavnagar theri
,,, apprehended the appellant for having demanded and accepted
a sum of Rs.200/- from the complainant for showing him favour
by allowing the luxury bus to go to the destination and the F
appellant-accused was asked to place his hands on the table
and the tainted currency notes were recovered from the
appellant-accused. Thereafter, the test of anthracene powder
was carried out on the hands of the raiding party by viewing
their hands under ultra violet lamp and no marks of anthracene G
powder was found. Similar test was carried out of the hands of
... .. the complainant, the appellant-accused and trousers of
appellant-accused and presence of anthracene powder was
noticed. It is further alleged that the recovered currency notes of
Rs.200/- were compared with the numbers and denominations H
640 SUPREME COURT REPORTS [2008] 3 S.C.R.

>
... ~

A of the currency notes mentioned in the pre-trap Panchnama and
the same having tallied in toto were seized. The appellant-
accused was taken into custody. The tainted currency note of
Rs.50/that remained in the pocket of the complainant was also
compared with the number and denomination mentioned in the
B pre-trap Panchnama and the same also tallied. Thereafter, a
detailed second part of the Panchnama was drawn in presence
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of the Panchas, muddammal currency notes, trouser worn by ~

the appellant-accused etc. were attached. It is further the case
of the prosecution that on the next day, further statement of
c complainant was recorded and at that time he produced the
receipt issued by the appellant-accused. The statements of
witnesses were recorded and the sanction for prosecution in
respect of the appellant-accused was obtained from Mr. Brar,
Junagadh.
D After completion of investigation a charge sheet was filed
+ •
undertaking alleged commission of offence punishable under
Sections 7, 12 and 13(1 )(d) of the Act. Learned Special Judge
framed charges for offence punishable under Sections 7, 12
and 13 (1 )(d) read with Section 13(2) of the Act and Section
E 161 oflPC.
As noted above, the appellant was convicted for offence
punishable under Section 7(2) of the Act and Section 161 IPC.
The appeal before the High Court was dismissed on the ground .
that there was sufficient evidence on record to hold that the
F appellant did demand and accept the bribe money from the
complainant.
5. The learned counsel for the appellant submitted that the
evidence is inadequate and does not establish demand and
acceptance of illegal gratification. The appellant all through has
G
taken the stand that he was falsely implicated. Alternatively, it

... ,..
was submitted that the sentence as imposed is heavy
considering the amount of bribe alleged to have been received.
6. Learned counsel for the respondent-State on the other
H hand supported the order.
,
--+ ....
. BECHAARBHAI S. PRAJAPATI v. STATE OF GUJARAT
[DR. ARIJIT PASAYAT, J.]
641

7. It is to be noted that both the trial Court and the High A
Court have analysed the evidence in great detail and have found
that the appellant had demanded and accepted a sum of Rs.200/
- from the complainant for allowing the luxury bus to go to the
destination. The tainted currency notes were recovered from
the appellant. The test of anthrecene powder was carried out of B
the hands of the raiding party under ultra violet lamp but no marks
~
.. of anthracene powder was found. Similar test was carried out
on the hands of the complainant. On the accused-appellant's
trouser presence of anthracene powder was noticed. It has also
been established that the numbers of the currency notes were c
matched with the denominations mentioned in the pre-trap
panchnama.
8. Looked at from these angles, it cannot be said that the

.- conclusions of, either the trial Court or the High Court, suffer
from any infirmity.
9. The alternative submission relates to the harshness of
sentence. The occurrence took place nearly seven years back.
D

It is stated that the appellant has suffered custody for mere than
six months. Taking into account all these aspects, we feel interest
of justice would be best served if the sentence is reduced to the E
period undergone, while maintaining the conviction. It is to be
noted that the minimum sentence prescribed under Section 7(2)
. _. of the Act is six months .
10. The appeal is dismissed subject to modification of the F
• sentence as noted above .
R.P. Appeal dismissed but with
modification in the sentence .

.