Supreme Court: How a Bribery and Conspiracy Case collapsed : No Demand by A2, No Bribe received by A1, and Zero Proof of Collusion

 It is also material to note that both the Accused were also charged with having hatched a criminal conspiracy to demand and receive the amount of bribe from the complainant. The said charge was Under Section 120B of the Penal Code. The trial Court, however, on consideration of the evidence on record held that prosecution had failed to bring on record any evidence to substantiate this charge. It, therefore, acquitted both the Accused from the offence punishable Under Section 120B of the Penal Code. {Para 14}

Though the State Government preferred an appeal before the High Court seeking enhancement in the amount of punishment imposed on the Accused, their acquittal Under Section 120B of the Penal Code has not been interfered with by the High Court. This aspect assumes relevance in view of the fact that both the Courts have held that it was proved that A1 had made the demand of bribe while it was only A2 who received the amount of ` 20/-. The demand as against A2 was held to be not proved. Similarly, A1 was not found with any bribe amount.

IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 1177 of 2015 and 1183 of 2015

Decided On: 19.08.2026

Rafikmiya Ahmedmiya Malek Vs. State of Gujarat

Hon'ble Judges/Coram:

Ujjal Bhuyan and A.S. Chandurkar, JJ.

Author: A.S. Chandurkar, J.

Citation: 2026 INSC 890,MANU/SC/0917/2026.

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