The Supreme Court has delivered its judgment in the appeals filed by A. Karunanithi, a Village Administrative Officer (VAO), and P. Karunanithi, a Village Assistant, challenging their conviction under the Prevention of Corruption Act, 1988.
The case originated from a complaint by V. Rengasamy, who sought a Community Certificate for government service. On November 9, 2004, A. Karunanithi allegedly demanded a bribe of ₹500. The demand was repeated on November 27, 2004. A trap was arranged on December 3, 2004, during which P. Karunanithi accepted the marked currency notes on the VAO's instructions. The phenolphthalein test confirmed bribe money contact.
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The trial court convicted both accused, awarding three years rigorous imprisonment to A. Karunanithi and 1.5 years to P. Karunanithi, along with fines. The High Court upheld these convictions in 2018.
Before the Supreme Court, senior counsel argued for leniency for A. Karunanithi due to his age (68 years) and the petty amount involved, and sought acquittal of P. Karunanithi, citing absence of evidence of demand from him.
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The Bench of Justices Pankaj Mithal and Prasanna B. Varale held:
"Demand and acceptance of illegal gratification is a sine qua non for conviction. There is no evidence that A-2 demanded any bribe."
Accordingly, P. Karunanithi's conviction was set aside. The Court confirmed A. Karunanithi’s conviction but reduced his sentence to the statutory minimum of one year for each offence, noting the small amount involved and the long pendency of the case since 2004.
Case Titles: A. Karunanithi & P. Karunanithi vs. The State Represented by Inspector of Police
Case No.:- SLP (Crl.) Nos. 9964 & 7442 of 2019)
