BANSIBHAI ASHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) There are different types of bribe givers. Firstly, the person offers bribe to prompt a public servant to do him an undeserved favour. Secondly, the person who pays to a public servant to see that normal official act is done early and promptly and in favour of the bribe giver. Thirdly, the type of person who is driven to pay a bribe on demand to do a normal work just to avoid coercion or harassment in getting the work which could normally be done in the official business. And the fourth is a type of person who pays a bribe to a public servant on demand by the public servant after his work is over and when the public servant demands it as a regard for what he has done. So, in fact, it can be said that bribe givers of the first type might certainly be the accomplices and to some extent the bribe givers of the second type also can be said to be the persons who prompt the bribes; while the persons in the categories of third and fourth types would be the persons who are unwilling to give bribe but would be required to pay bribe under certain circumstances as they are driven to that.

(2.) Held, on facts that even though the complainant in this case may be found to be a witness of truth, as there is no corroboration to his evidence in material particulars, the Court is inclined to set aside the conviction of the accused.