Smt. Shobha Jain Vs. State of Madhya Pradesh

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

CRR, 928 of 2017, Judgment Date: Aug 08, 2017

•  It is not in dispute that merely giving help will not make the abetment of offence if the person who gave the help did not know that an offence was being committed or contemplated. The intention should be to help an offence or to facilitate the commission of crime. There is prima facie evidence on record for offence under Section 120-B of IPC of the meeting of minds for acceptance of money between Mahavir Prasad/husband and his wife/petitioner. 
• In the present case, the petitioner is, prior to or at the time of commission of act apparently support her husband the prime accused in order to facilitate the commission of crime of taking bribe. Hence, she abets her husband for the commission of offence under Section 107 of IPC.As the wife of the accused Mahavir Prasad Jain it is presumed that she knows what is bribe and what is legal remuneration. It cannot be presumed that wife who merely acts as a channel between the bribe giver and the receiver public servant (husband) without any gain of herself. She accepted the bribe through her husband. Therefore, she is also liable for trial under Section 8 and 12 of the “Act 1988. 

Smt. Shobha Jain Vs. State of Madhya Pradesh