ACCUSED CONVICTED DESPITE INVESTIGATION LAPSES AND MINOR WITNESS INCONSISTENCIES WHERE DEMAND AND ACCEPTANCE OF BRIBE IS PROVEN.

The appellant, Mohd. Yamin @ Yameen Khan, an Assistant Manager (Accounts) at ITDC, Hotel Samrat, New Delhi, was accused of demanding an illegal gratification of ₹500/- from PW3 on November 29, 1996, for processing the payment of taxi bills.

PW3's taxis were attached to Hotel Samrat, and approximately ₹32,000/- in bills were pending.

On the morning of November 29, 1996, PW3 met the accused, who demanded ₹500/- and instructed him to return in the afternoon with the money for bill processing.

PW3 then lodged a complaint with the CBI.

A trap was laid, and the accused was apprehended after allegedly accepting the tainted money from PW3.

The phenolphthalein test on the accused's hands and trouser pocket yielded positive results, and the tainted currency notes were recovered from his possession.

The trial court, in its judgment dated October 6, 2004, convicted the appellant under Section 7 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (PC Act), sentencing him to rigorous imprisonment and fines.

This appeal challenges that conviction and sentence.

Whether there was any infirmity in the impugned judgment calling for an interference by this court.

The court primarily applied Section 7 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 regarding the criminal misconduct of a public servant involving illegal gratification.

It referred to the explanation (d) of Section 7 of the PC Act (as it stood in 1996) which states that an offence is committed even if a public servant receives gratification as a motive or reward for doing something they do not intend to do or are not in a position to do.

The court also relied on precedents such as State of U.P. v. G.K. Ghosh, (1984) 1 SCC 254, stating that citizens do not lightly approach vigilance authorities for traps against public servants, and that trap-laying officers are not automatically unreliable witnesses.

Furthermore, it affirmed that defects in investigation do not render a prosecution case unacceptable if substantive evidence establishes the offence (*Hema v. State, (2013) 10 SCC 192* and *C. Muniappan v. State of T.N. (2010) 9 SCC 567*).

It also referenced *Mohan Lal v. State of Punjab; AIR 2013 SC 2408* and other cases to confirm that testimony of partially hostile witnesses can be considered to the extent it supports the prosecution case if credible.

Finally, it cited *M. Narsinga Rao v. State of A.P., 2001 SCC (Cri) 258* to establish that recovery of tainted currency notes from an accused without plausible explanation constitutes a strong incriminating circumstance.

The court analyzed the appellant's arguments regarding procedural irregularities and inconsistencies advanced by the defense.

It found the delay in forwarding the FIR to the court to be sufficiently explained by the intervening weekend and the prompt production of the accused before the trial court with relevant documents.

The absence of a crime number in the handing over memo was deemed a procedural omission not negating substantive evidence.

Discrepancies in witness testimony regarding time, particularly PW7's approximation of the apprehension time, were considered minor variations not undermining the core prosecution case.

The court rejected the argument about the phenolphthalein powder's availability, stating that the demonstration was conducted, and the recovery of tainted notes with positive tests corroborated the prosecution.

The absence of an audio recording, despite PW5's inconsistent testimony, did not discredit the direct evidence of demand and acceptance, as its existence is not essential for trap validity when corroborated by other strong evidence.

Critically, the court applied Explanation (d) of Section 7 of the PC Act, concluding that even if PW3's bills were not matured for payment, the demand and acceptance of gratification still constituted the offense, as the official capacity and the act as motive/reward are sufficient.

The relevance of PW3's family marriage urgency was deemed immaterial to the determination of guilt.

The timing of the incident during a salary disbursement day was also considered inconsequential since the allegation was about demanding gratification, not actual payment of bills.

While acknowledging some investigative lapses, the court affirmed that these did not render the prosecution case unacceptable given the substantive evidence.

It emphasized that the partially hostile witnesses (PW1 and PW5) had admitted material aspects of the prosecution case, and their credible testimony could be relied upon.

The court found that PW3's testimony, corroborated by PW1 (shadow witness) and PW5 (recovery witness), and further by the recovery of tainted currency notes and positive phenolphthalein tests, established the demand and acceptance.

The appellant offered no plausible explanation for the recovered tainted money; instead, the defense suggested forcible insertion, which was unsubstantiated.

The lack of immediate protest by the accused at apprehension was also noted as significant.

The demand and acceptance of illegal gratification by the appellant were successfully established beyond reasonable doubt by the prosecution.

The appeal was dismissed, and the conviction was upheld.