It happens in many cases that bribe is accepted by one person on behalf of another person. You have not given full facts as to whether you had demanded the bribe from the complainant and whether you had asked him to hand over the bribe to the other accused person. Or, else, whether the other accused person had demanded and accepted the bribe in order to influence you by way of corrupt or illegal means or by using his personal influence, and if you had abetted such acts.
If the ACB has chargesheeted both of you, then that would imply that it would be having evidence against you for having demanded bribe and/or having abetted the offence. Though you have not mentioned the sections under which you have been chargesheeted, it may be under Section 7, 13(2) read with 13(1)(d) of the Prevention of Corruption Act (along with abetment section 12 or may be conspiracy section 120-B IPC), or may be under section 8 (or 9) along with section 10 of the said Act, depending on facts of your case.
You’ll have to defend the case during trial. You may also try filing a discharge application if there is no prima facie evidence available against you. Consult some local lawyer who can guide you after reading full details of your case.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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