Bribe Trap Fails Where Shadow Witness Saw Neither Demand Nor Payment: Supreme Court Sets Aside Patwari’s Conviction

Case Name: Jaswinder Singh (Dead Through LRs) v. State of Punjab

Date of Judgment: 22 September 2026

Citation: 2026 INSC 1031

Bench: Ujjal Bhuyan and Arun Palli, JJ.

Held: In this case, the prosecution failed to prove the alleged demand and acceptance of a bribe. The shadow witness had left the room before the alleged payment, while the official witness had not seen it. Their evidence also conflicted with the complainant’s account of where the money was recovered. The alleged recovery and positive chemical test could not, on this evidence, sustain the conviction under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988.

Summary: Jaswinder Singh, a Patwari, was accused of demanding ₹10,000 to process a property mutation and accepting an agreed amount of ₹9,500 during a vigilance trap. The trial court convicted him and imposed two years’ rigorous imprisonment and a ₹10,000 fine; the High Court affirmed the conviction. Examining the testimony, the Supreme Court found that the shadow witness was outside the office when the money was allegedly handed over and did not witness its recovery. The official witness also did not see the payment. Further, the complainant said the notes were recovered from a trouser pocket, whereas an official witness placed them in a shirt pocket. Applying the principles discussed in P. Satyanarayana Murthy, Neeraj Dutta and Aman Bhatia, the Court held that the prosecution evidence did not establish the alleged demand and acceptance.

Decision: The appeal was allowed. The trial court’s conviction and sentence, as affirmed by the High Court, were set aside, and Jaswinder Singh was cleared of the charges.