2. The facts, as are evident from the paper book, are that a demand of ₹ 500/- was made as illegal gratification and the appellant accepted a sum of ₹ 300/- for supplying copy of death certificate of Maghar Singh (deceased).
10. The referred question was answered in paragraph 76 of the aforesaid judgment, which reads thus:
“76. Accordingly, the question referred for consideration of this Constitution Bench is answered as under:
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.” (emphasis added)
11. In the case in hand, Jit Singh, complainant as well as Chamkaur Singh, shadow witness have turned hostile. The Trial Court had specifically held that there is no evidence produced on record to prove the demand of illegal gratification. It is not the case in which the demand was reiterated when the money was allegedly paid to him. Gurjinder Singh (PW-8) is only a witness who stated that he had recovered the money from the appellant. The High Court has passed its judgment on the assumption that the money having been recovered from the appellant, there was demand of illegal gratification. This is not a case where there was circumstantial evidence to prove the demand.
12. If the evidence produced on record by the prosecution is examined in the light of the law laid down by the Constitution Bench in Neeraj Dutta v. State Govt. of N.C.T. of Delhi – 2022 SCC Online SC 1724, the conviction and sentence of the appellant cannot be legally sustained.
13. The appeal is, accordingly, allowed. The impugned order passed by the High Court and that of the Trial Court are set aside. The appellant is acquitted of the charges and his bail bond stands discharged.
PARTY: Jagtar Singh vs. State of Punjab – Criminal Appeal No. 2136 of 2010 – March 23, 2023.
