In the case of T. Subramanian vs. State of Tamil Nadu (decided on January 4, 2006), the Supreme Court of India addressed issues related to the Prevention of Corruption Act, 1947.The appellant, T. Subramanian, was accused of accepting a bribe of Rs. 200 while serving as the Executive Officer of a temple.The trial court acquitted him, but the High Court reversed this decision, leading to the present appeal.

Key Points of the Judgment:

  1. Allegations and Defense: The prosecution alleged that Subramanian demanded and accepted Rs. 200 as illegal gratification for granting patta (land deed) in favor of the complainant.The appellant contended that the amount was received as arrears of lease rent from a third party, routed through the complainant.
  2. Trial Court Findings: The trial court found the appellant’s explanation plausible and acquitted him, citing insufficient evidence of demand and acceptance of illegal gratification.
  3. High Court’s Reversal: The High Court convicted Subramanian under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, sentencing him to imprisonment till the rising of the court and a fine of Rs. 1,000.
  4. Supreme Court’s Analysis: The Supreme Court emphasized that mere possession of marked currency notes does not constitute proof of acceptance of illegal gratification.The Court highlighted the importance of establishing a clear demand and voluntary acceptance of the bribe.Given the appellant’s immediate explanation and the lack of conclusive evidence from the prosecution, the Court found the defense’s version credible.
  5. Conclusion: The Supreme Court allowed the appeal, setting aside the High Court’s judgment, and restored the trial court’s acquittal of T. Subramanian.

This judgment underscores the necessity for the prosecution to prove beyond reasonable doubt the demand and acceptance of illegal gratification in corruption cases.It also reaffirms that mere possession of marked money is insufficient for conviction without clear evidence of a corrupt motive.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record (AOR) in the Supreme Court of India.