SELVARAJ versus STATE OF KARNATAKA
[2015] 9 S.C.R. 381, Supreme Court of India, 2015
Outcome: Appeal(s) allowed (Granted)
Segment: Ratio
[2015] 9 S.C.R. 381 
SELVARAJ 
V. 
STATE OF KARNATAKA 
(Criminal Appeal No.1172 of 2008) 
AUGUST 18, 2015 
[H.L. DATTU, CJI, ARUN MISHRA AND 
AMITAVA ROY, JJ.) 
A 
B 
Prevention of Corruption Act, 1947 -
s. 5(1)(d) -
c 
Allegation of demand of illegal gratification against public 
servant-appellant - Trap laid and tainted money recovered 
from the possession of the appellant - However, death of 
complainant befC?re tt1e commencement of the trial -Acquittal 
by trial court, however High Court convicted and sentenced D 
the appellant for commission of offence punishable u/s. 
5(1)(d)- On appeal, held: Acceptance of the bribe was not 
established by adducing cogent evidence - In view of the 
reasons given by the trial court and on appraisal of the 
evidence, the view taken by the trial court was a plausible 
E 
one - High Court should not have interfered without going 
. into the reasoning employed by the trial court and re-appraisal 
of the evidence - Judgment of the f-ligh Court was short and 
cryptic - Order passed by the High Goud set aside and that 
of the trial court restored. 
F 
Allowing the appeal, the Court 
HELD: 1.1 The High Court while reversing the 
judgment of acquittal in a short and cryptic judgment, G 
did not care to go into the various reasoning e_mployed 
by the trial court. Appreciation of evidence to hold it to 
be credible was required which was not done by the High 
381 
H
382 
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(2015] 9 S.C.R. 
A Court at all. In a cursory manner without re-appraisal of 
the evidence and probabilities, the judgment of acquittal 
was reversed. Though the High Court has the power to 
re-appraise the evidence in appeal against acquittal but 
that was not done. It is incumbent upon the High Court 
B while reviewing the evidence and to reverse the order of 
acquittal to consider all matters on record including the 
reasons given by the trial court in respect of the order of 
acquittal and should consider all the circumstances in 
favour of the accused which was not done. [Para 10, 11] 
C (387-8, E-F] 
1.2 The acceptance of the bribe was not established 
by adducing cogent evidence. Considering the reasons 
given by the trial court and on appraisal of the evidence, 
D the view taken by the trial court was a plausible one and 
could not have been interfered with by the High Court, 
that too without coming to the close quarters of the 
reasoning and re-appraisal of the evidence. The 
judgment of the High Court is not only cryptic but also 
E no attempt was made to look into the evidence-both oral 
and documentary. Thus, the judgment and order passed 
by the High Court is set aside and that of the trial court. 
restored. [Para 17] (394-B-D] 
F 
Kanu Ambu Vish v. The State of Maharashtra 1971 (1) 
SCC 503; Jagan M. Seshadri v. State of TN. 2002 (9) SCC 
639; State through Inspector of Police, A.P. v. K. 
Narasimhachary 2005 (4) Suppl. SCR 197:
2005 (8) SCC 
364; A. Subair v. State of Kera/a 2009 (6) SCC 587; State of 
G Kera/a & Anr. v. C.P Rao 2011 (6) SCR 864: 2011 (6) SCC 
450; G. V Nanjundiah v. State (Delhi Administration) 1987 
(Supp) SCC 266 - referred to. 
Case Law Reference 
H 
1911 (1) sec 503 
refoned to. 
Para 11
SELVARAJ v. STATE OF KARNATAKA 
383 
2002 (9) sec 639 
referred to. 
Para 12 
A 
2005 (4) Suppl. SCR 197 referred to. 
Para 12 
2009 (6) sec 587 
referred to. 
Para 14 
2011 (6) SCR 864 
referred to. 
Para 15 
B 
1987 (Supp) sec 266 
referred to. 
Para 16 
CRIMINAL APPELLATE JURISDICTION : Criminal 
Appeal No. 1172 of 2008. 
c 
From the Judgment and Order dated 07.02.2006 of the 
High Court of Karnataka at Bangalore in Criminal Appeal No. 
878of1999. 
Kiran Suri, S. J. Amith, Dr. Vipin Gupta for the Appellant. 
D 
Anitha Shenoy for the Respondent. 
The Judgment of the Court was delivered by 
ARUN MISHRA, J. 1. The appeal has been preferred as 
E 
against the judgment and order convicting and sentencing the 
appellant for commission of offence punishable under section 
5( 1 }( d) of the Prevention of Corruption Act, 194 7, thereby 
reversing the judgment of acquittal passed by the trial court F 
and sentencing him forthree months with a fine of Rs.50,000/ 
- and in default to undergo SI for six months. 
2. Briefly, the prosecution case is that the appellant was 
working as First Division Assistant in the District Treasury, 
Hassan. Peter Philip, CW-1 contacted him to secure refund of G 
loan subsidy in a sum of Rs.13,990/-. He met the accused on 
28.1.1988 who demanded illegal gratification of Rs.200/-. As 
the complainant CW-1 did not like it, he contacted the 
Lokayukta Police on 1.2.1988 and lodged a complaint. On 
H 
the said date itself, trap was arranged. The
Investigating Officer
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[2015] 9 S.C.R. 
A 
(10) secured presence of PW-1 and PW-2, the two officials of 
the Zila Parishad to act as trap witnesses and smeared 
phenolphthalein powder on the bait money and handed over 
the same to CW-1 with instruction to pay the same on demand. 
PW-2 was instructed to act as a shadow witness. 
B 
3. Peter Philip, CW-1, went along with PW-2 to the said 
office. CW-1 requested the accused for passing the bill. On 
demand, CW-1 paid the money fo the accused who kept the 
same under the book on his table. PW-2 witnessed the 
C transaction. On a signal being given by CW-1, the 10 along 
with PW-1 came to the scene, phenolphthalein test was done 
on hand wash, colour of the solution turned pink, the solution 
was collected in a separate bottle and sealed, the money was 
recovered from the possession of the accused as per the 
D seizure memo. 
4. The complainant CW-1 died before the commencement 
of the trial. The prosecution examined, in all, 9 witnesses, 23 
documents were exhibited and 8 material objects were 
E submitted. The Special Judge, Hassan, vide judgment and 
order dated 16.4.1999 acquitted the accused. On appeal, the 
High Court has reversed the conviction, hence, the appeal has 
been filed in this Court. 
F 
5. It was submitted by learned counsel appearing on 
behalf of the appellant that several material circumstances were 
considered by the learned Trial Judge which have not been 
adverted to by the High Court while reversing
the judgment of 
acquittal. Thus, an illegality has been committed. The evidence 
G which has been adduced could not be said to be reliable. The 
inherent improbabilities have been ignored and the material 
contradictions have been lightly brushed aside. There is no 
assessment of the evidence made by the High Court while 
reversing the judgment of acquittaL 
H
SELVARAJ v. STATE OF KARNATAKA 
385 
· [ARUN MISHRA, J.] 
6. Learned counsel appearing on behalf of the State has A 
supported the judgment and contended that the High Court 
has given adequate reasons so as to discard the trivial 
contradictions. The prosecution has proved the guilt beyond 
the periphery of doubt. No case for interference in the appeal 
is made out. 
B 
After hearing learned counsel for the parties at length, 
and going into the oral and documentary evidence on record, 
we are of the considered opinion that in the peculiar facts and 
circumstances of the instant case, the judgment and order of C 
acquittal ought not to have been interfered with by the High 
Court. 
7. The trial court has given varied reasons while acquitting 
the appellant. The trial court was cautious in considering the D 
evidence in minute details as the complainant CW-1, Peter 
Philip, had died who could not be e.xamined and subjected to 
cross-examination by the accused. Particularly, when the 
complainant had died and could not be subjected to cross-
examination, in our opinion, quality and credibility of the E 
evidence adduced by the prosecution cannot be dispensed 
with. 
8. The accused was holding the post of First Division 
Assistant. He had been transferred on promotion as Head 
F 
Accountant in Sub-Treasurey at Sagar. He stood relieved on 
30.1.1988 before the date of incident. The accused was not 
working as First Division Assistant in the District Treasury 
Office at Hassan
on 1.2.1988. The trial court has relied upon 
the relieving order Ex. D-1. The trial court has also observed G 
that K.C. Rajan, PW-4, has admitted that the accused had 
been promoted and transferred as Head Accountant and was 
relieved on 30.1.1988. However, he had not handed over the 
charge, and on 1.2.1988 the accused did not mark his 
attendance as he was under transfer. The accused was H
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[2015] 9 S.C.R. 
A 
supposed to hand over charge to one Shivaramaiah who was 
not available on 1.2.1988 as he had gone to attend a 
departmental examination. On 1.2.1988, the accused was 
preparing 'charge list' in the office. Relying upon Ex. P-8 the 
trial court came to the conclusion that on transfer of the accused 
B on 1.2.1988, G.T. Shivaramaiah was placed in charge of the 
work which used to be looked after by the accused. Charge 
list has not been produced in case it was prepared by the 
accused on 1.2.1988. The accused on 1.2.1988 was not 
competent to transact any official business. Relying upon the 
C work distribution register, attendance register and the relieving 
order, the version of K.C. Rajan, PW-4, has not been accepted 
by the trial court. It was also opined that the surrounding 
circumstances did not lend credibility to the prosecution 
D version. 
9. The trial court has also given reason for acquittal that 
K.C. Rajan, PW-4 was competent to give final clearance. The 
accused was not the final authority. There was some objection 
by the District Treasury Office. The bill was again presented 
E for clearance to the Treasury on 21.1.1988. Thus, it was 
doubted that the accused had deliberately withheld the bill and 
demanded illegal gratification of Rs.200/- from Peter Philip, 
CW-1, on 28.1.1988. The same has been found to be 
improbable. Cogent evidence was required in the 
F circumstances. The trial court has found that even
before 
recording the First Information Report, the 10 had sent for and 
secured the presence of the witnesses. Thus, the FIR was 
based upon the deliberations between Peter Philip, CW-1 and 
G L.Somasekhar, PW-8. The trial court also found that there was 
a discrepancy from where the money was recovered; whether 
it was lying on the table or inside the drawer of the table. It was 
held that the money was not recovered from the possession of 
the accused. The colour of the wash in M0-4 was not pink but 
H contained dirty particles. The accused was not in possession
SELVARAJ v. STATE OF KARNATAKA 
387 
[ARUN MISHRA, J.) 
of the subsidy bill. Thus, there was no reason to give him the A 
money. The prosecution case that the accused was working 
as First Division Assistant on 1.2.1988 and was in-charge of 
the billing section, has not been found to be proved. 
10. The High Court while reversing the judgment of s 
acquittal in a short and cryptic judgment, has not cared to go 
into the various reasoning employed by the trial court. It has 
gone into only two factual aspects: firstly, into discrepancy as 
to time when the FIR was registered and witnesses were 
summoned, which was found not to be material one; and C 
secondly, it observed whether the money was recovered from 
the drawer of the table or it was lying on the table, was 
insignificant as witnesses might not have remembered it due 
to lapse of time, which are the only reasons attributed for 
· reversing the judgment of acquittal. 
D 
11. It is apparent that the High Court has failed in its duty 
to come to the close quarter of the reasoning employed by the 
trial court while reversing the judgment of acquittal. 
Appreciation of evidence to hold it to be credible was required 
E 
which has not been done by the High Court at all. In a cursory 
manner without re-appraisal of the evidence and probabilities, 
the judgment of acquittal has been reversed. Though the High 
Court has the power to re-appraise the evidence in appeal 
against acqu_ittal but that has not been done. It is
incumbent F 
upon the High Court while reviewing the evidence and to 
reverse the order of acquittal to consider all matters on record 
including the reasons given by the trial court in respect of the 
order of acquittal and should consider all the circumstances in 
favour of the accused which has not been done. In Kanu Ambu G 
. Vish v. The State of Maharashtra [1971 (1) SCC 503), this 
Court has laid down thus : 
"15. On a consideration of the evidence, we think thatthe 
reversal of the order of acquittal by the High Court was 
H
388 
A 
B 
c 
SUPREME COURT REPORTS 
[2015] 9 S.C.R. 
not warranted. Though the High Court has power on a 
review of the evidence to reverse the order of acquittal, 
yet in doing so it should not only consider all matters on 
record including the reasons given by the Trial Court in 
respect of the order of acquittar, but should particularly 
consider those aspects which are in favour of the accused 
and ought not also to act on conjunctions or surmises nor 
on inferences which do riot arise on the evidence in the 
case. In the view we have taken, the Appeal is allowed, 
the judgment of the High Court reversed and the Appellant 
acquitted. The Appellant being on bail, his bail bond is 
cancelled." 
12. Considering the reasons given by the trial court and 
on appraisal of the evidence, in our considered view, the view 
D taken by the trial court was a possible one. Thus, the High · 
Court should not have interfered with the judgment of acquittal. 
This Court in Jagan M. Seshadri v. State of T.N. [2002 (9) 
sec 639] has laid down that as the appreciation of evidence 
made by the trial court while recording the acquittal is a 
E 
reasonable view, it is not permissible to interfere in appeal. 
F 
G 
H 
The duty of the High Court while reversing the acquittal has 
been dealt with by this Court, thus : 
"9. We have, with the assistance of learned counsel for 
the parties, carefully perused the evidence, particularly, 
the evidence of PW-19, PW-27, PW-30, PW-31, besides 
PW-34. In
our opinion, the appreciation of evidence by 
the trial court of these witnesses is sound and proper. On 
the other hand, the High Court has fallen into an error by 
treating the case as one under Section 13( 1 )( e) read with 
Section 13(2) of the 1988 Act and by proceeding to hold 
the appellant guilty by invoking the Explanation to Section 
13( 1 )( e), which Explanation is conspicuous by its absence 
insofar as Section 5(1)(e) of the Act is· concerned. We 
are unable to appreciate the submission of learned counsel
• 
SELVARAJ v. STATE OF KARNATAKA 
389 
[ARUN MISHRA, J.] 
for the State that PW-31, being the mother-in-law of the A 
appellant who had supported the explanation offered by 
the appellant regarding receipt of Rs. 50,000/- and Rs. 
40,000/- by him from her should not be believed. She is a 
prosecution witness. She was never declared hostile. The 
prosecution cannot wriggle out of her statement. As a 
B 
matter of fact, the main sustenance is sought by the High 
Court of its view on the basis of her evidence. The 
explanation offered by the appellant has not been 
accepted by the High C_ourt by invoking proviso to Section 
13(1}(e). The High Court has opined that since the amount C 
allegedly received by the appellant from his mother-in-law 
had "not been intimated in accordance with the provisions 
of law", his explanation is not acceptable and the appellant 
would be deemed to have committed criminal misconduct 0 
within the meaning of Section 13(2) of the 1988 Act. We 
are constrained to observe that the High Court was dealing 
with an appeal against acquittal. It was required to deal 
with various grounds on which acquittal had been based 
and to dispel those grounds. It has not done so. Salutary E 
principles while dealing with appeal against acquittal have 
been overlooked by the High Court. If the appreciation of 
evidence by the trial court did not suffer from any flaw, as 
indeed none has been pointed out in the impugned 
judgment, the order of acquittal could not
have been set F 
aside. The view taken by the learned trial court was a 
· reasonable view and even if by any stretch of imagination, 
it could be said that another view was possible, that was 
not a ground sound enough to set aside an order of 
acquittal." 
G 
Similar is the decision of this Court in State through 
Inspector of Police, A.P v. K. Narasimhachary [2005 (8) SCC 
364] : 
. 
H 
"24. Having regard to the facts and circumstances of this
• 
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SUPREME COURT REPORTS 
[2015] 9 S.C.R. 
A 
case, we are of the opinion that two views are possible 
and the view of the High Court cannot be said to be wholly 
improbable; it cannot be said, in view of the discussions 
made hereinbefore, that the materials brought on record 
would lead to only one conclusion i.e. the guilt of the 
B 
accused. The impugned judgment, therefore, is 
sustained." 
13. Coming to the question whether the view taken by the 
trial court while acquitting the ace.used was probable, we find 
C that in view of the fact that complainant Peter Philip, CW-1 
died before the trial, as such he was not available for cross-
examination with respect to the facts which were in his 
knowledge as to the demand of bribe and its payment. We 
have to carefully look into the other evidence available. In the 
D absence of the complainant, the onus lay upon the prosecution 
to adduce credible evidence and to prove the guilt beyond the 
periphery of doubt. K.M.Eregowda, PW-2, had stated that 10 
to 12 other officials were sitting in the same room in which 
bribe was paid. Taking of bribe in the presence of 10 to 12 
E other officials of the Treasury Office is quite improbable. It 
assumes significance in the circumstances from which place 
the money was recovered; whether it was from the possession 
of the accused. PW-1 has stated that he found currency notes 
F 
on the table, and the accused was standing behind the table. 
Whereas K.N. Eregowda, PW-2, has stated
that the currency 
notes were kept by the accused beneath the book on the table. 
Another witness L.Somashekara, PW-8, 10, has stated that 
he recovered the money from the drawer of the table. The 
G versions given by the three witnesses are different from each 
other. Even if we ignore the contradictions between the versions 
of PW-1 and PW-2, the contradiction with respect to place of 
recovery of money whether it was inside the drawer of table or 
was lying on the table beneath the book is material one and 
H could not have been ignored. Apart from that, we find that the
SELVARAJ v. STATE OF KARNATAKA 
391 
[ARUN MISHRA, J.] 
10 has stated that he had seized Ex. P-14, release order of A 
subsidy on 1.2.1988 and it had been mentioned thereon that it 
had been paid. As subsidy stood paid, it was incumbent upon 
the prosecution to prove when, in fact, it was paid. Whether it 
was paid on 1.2.1988 or earlier, which fact has not been proved 
as the very basis of the crime is release of subsidy, for which 
B 
bribe was being demanded by the accused. Though it is not 
necessary to prove whether the accused was in a position to 
do the work for which he has demanded the bribe, or was 
having the competence to do the work for which he has 
demanded the bribe, however, in the peculiar facts of the C 
instant case when the accused was under transfer, he had 
been relieved on 30.1.1988 and while Mr. G. T. Shivaramaiah 
was given the charge of the post accused was occupying, he 
was not on duty on 1.2.1988. Even if we accept that he was 0 
preparing the 'charge list' on 1.2.1988, which has not been 
produced, coupled with the fact that the complaint was lodged 
on the same date and it appears even before registration of 
the FIR, trap. witnesses were called, all these facts 
improbabilised the version of the prosecution and the trial court 
E 
had opined in the circumstances that there were some 
deliberations before recording the FIR. Since the complainant 
was not available for cross-examination, the view taken by the 
trial court could not be said to
be the one which was not 
possible in the prevailing scenario. Even if two views are 
F 
possible on the facts, one taken by the trial court did not call 
for interference, especially in appeal against acquittal. 
14. In A. Subair v. State of Kera/a [2009 (6) SCC 587], 
this Court has laid down that illegal gratification has to be G 
proved like any criminal offence and when the evidence 
produced by the prosecution has neither quality nor credibility, 
it would be unsafe to rest the conviction on such evidence. 
This Court while recording acquittal, has laid down thus: 
H 
"31. When the evidence produced by the prosecution has
392 
SUPREME COURT REPORTS 
[2015] 9 S.C.R. 
A 
neither quality nor credibility, it would be unsafe to rest 
conviction upon such evidence. It is true that the judgments 
of the courts below are rendered concurrently but having 
considered the matter thoughtfully, we find that the High 
Court as well as the Special Judge committed manifest 
B 
errors on account of unwarranted inferences. The 
evidence on record in this case is not sufficient to bring 
home the guilt of the appellant. The appellant is entitled to 
the benefit of doubt." 
C 
15. In State of Kera/a & Anr. v. C.P Rao [2011 (6) SCC 
450], it has been laid down that recovery of tainted money is 
not sufficient to convict the accused. There has to be 
corroboration of the testimony of the complainant regarding 
the demand of bribe and when the complainant is not available 
D for examination during the trial, court has to be cautious while 
sifting the evidence of other witnesses. Charge has to be 
proved beyond reasonable doubt. This Court has laid down 
E 
F 
G 
H 
thus: 
· 
"12. Those observations quoted above are clearly 
applicable in this case. In the context of those observations, 
this Court in para 28 of A. Subair (supra) made it clear 
that the prosecution has to prove the charge beyond 
reasonable doubt like any other criminal offence and the 
accused should be considered innocent till it is proved to 
the contrary by proper proof of demand and acceptance 
of illegal gratification, which is the vital
ingredient to secure 
the conviction in a bribery case. In view of the aforesaid 
settled principles of law, we find it difficult to take a view 
different from the one taken by the High Court. 
13. In coming to this conclusion, we are reminded of the 
well settled principle that when the court has to exercise 
its discretion in an appeal arising against an order of 
acquittal, the Court must remember that the innocence of
SELVARAJ v. STATE OF KARNATAKA . 
393 
[ARUN MISHRA, J.) 
the accused is further re-established by the judgment of A 
acquittal rendered by the High Court. Against such 
decision of the High Court, the scope of interference by 
this Court is an order of acquittal has been very succinctly 
laid down by a three-Judge Bench of this Court in Sanwat 
Singh v. State of Rajasthan (1961 (3) SCR 120]. At page 
B 
129, Subba Rao, J. (as His Lordship then was) culled out 
the principles as follows : 
"9. The foregoing discussion yields the following results: 
(1) an appellate court has full power to review the C 
evidence upon which the order of acquittal is founded; 
(2) the principles laid down in Sheo Swarup case [(1934-
34) 61 I.A. 398) afford a correct guide for the appellate 
court's approach to a case in disposing of such an 
appeal; and (3) the different phraseology used in the D 
judgments of this Court, such as (i) "substantial and 
compelling reasons", (ii) "good and sufficiently cogent 
reasons", and (iii) "strong reasons" are not intended to 
curtail the undoubted power of an appellate court in an 
appeal against acquittal to review the entire evidence E 
and to come to its own conclusion; but in doing so it 
should not only consider every matter on record having 
a bearing on the questions of fact and the reasons given 
by the court below in support of its order of acquittal in 
F 
its arriving at a conclusion on those facts, but should 
also express those reasons in its
judgment, which lead 
it to hold that the acquittal was not justified." 
16. In G V Nanjundiah v. State (Delhi Administration) 
(1987 (Supp) SCC 266), it was laid down that the allegation of G 
bribe taking should be considered along with other material 
circumstances. Demand has to be proved by adducing 
clinching evidence. When the fact indicating that the 
complainant was aware of the amount, was not withheld by H

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SUPREME COURT REPORTS 
[2015] 9 S.C.R. 
A 
the accused, this Court disbelieved the allegation of the 
complainant meeting the accused and presence of strangers 
at the time of giving bribe was held to be unnatural. 
17. Thus, acceptance of the bribe has not been established 
B by adducing cogent evidence. In view of the circumstances 
discussed above, the view taken by the trial court was a 
plausible one and could not have been interfered with by the 
High Court, that too without coming to the close quarters of the 
reasoning and re-appraisal of the evidence. The judgment of 
C the High Court is not only cryptic but also no attempt has been 
made to look into the evidence - both oral and documentary. 
Thus, we have.no hesitation in setting aside the judgment and 
order passed by the High Court and restore that of the trial 
court. The appeal is allowed. 
NidhiJain 
Appeal allowed.