The record
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- The Supreme Court acquitted a former Railway Protection Force official in a 2005 bribery case, ruling that the prosecution failed to prove the accused directed an intermediary to accept money on his behalf.
- Justices Dipankar Datta and N K Singh criticized the speed of the Central Bureau of Investigation's trap operation, stating that such rapid action can raise valid doubts regarding the authenticity of the investigation.
- The court emphasized that criminal liability under the Prevention of Corruption Act requires clear evidence that a third party was acting on behalf of the public servant.
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Dipankar Datta
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“Before criminal liability can be fastened upon the public servant, the prosecution must establish by reliable evidence that the intermediary was acting under the authority, direction or for the benefit of the accused and that the demand itself was attributable to the accused.”
In the article
…doubts. The trial court, however, brushed aside the doubts raised by the appellant," the bench said.The court said criminality under Prevention of Corruption Act did not arise merely because money changed hands. " Before criminal liability can be fastened upon the public servant, the prosecution must establish by reliable evidence that the intermediary was acting under the authority, direction or for the benefit of the accused and that the demand itself was attributable to the accused. Mere receipt of money by a third person cannot automatically result in criminal liability being imputed to a public servant," it said.…
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Named India · Railway Protection Force · Central Bureau of Investigation · Dipankar Datta · N.K. Singh · Supreme Court
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