Kerala Corruption Case: Supreme Court Defers Verdict Pending Larger Bench Decision

The case involves allegations of corruption against two Excise Prevention Officers in Kerala, accused under the Prevention of Corruption Act, 1988. The prosecution claimed that on March 21, 2001, the officers threatened a toddy shop manager and demanded a bribe of Rs. 2,000. The complainant reported the incident, leading to a sting operation on March 24, 2001, where the officers were allegedly caught accepting bribes.

The trial court found them guilty and sentenced them to imprisonment and fines. However, the High Court overturned the conviction, acquitting the accused on the grounds that the prosecution failed to establish the demand and acceptance of the bribe. The Kerala State government appealed this decision in the Supreme Court.

Petitioner’s Argument: The State of Kerala argued that the High Court erred in its judgment by placing undue reliance on previous Supreme Court rulings that required direct evidence of demand and acceptance. The petitioner contended that circumstantial evidence and other corroborative materials were sufficient to establish the offense under Sections 7 and 13 of the Prevention of Corruption Act.

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Respondent’s Argument: The defense argued that the prosecution failed to meet the strict standards set by the Supreme Court regarding proof of demand and acceptance. They cited precedents where courts held that the absence of direct evidence from the complainant weakened the prosecution’s case.

Supreme Court’s Observation: The Court noted the conflicting judgments in similar cases and highlighted that the matter had been referred to a larger bench. The Justices stated, “Whether in the absence of direct or primary evidence of demand, it is permissible to infer culpability based on other evidence, is an important question pending before a larger bench.”

Final Decision: The Supreme Court decided to defer the hearing of this appeal until the larger bench rules on the key legal issue. The case remains adjourned indefinitely, awaiting further judicial clarification.

Petitioner Name: The State of Kerala.
Respondent Name: M. Karunakaran Etc..
Judgment By: Justice M. R. Shah, Justice B. V. Nagarathna.
Place Of Incident: Kerala.
Judgment Date: 11-07-2022.

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