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Head Note

Prevention of Corruption Act,1988  - Section 7 , Section 13 (1) ,  (2) , Indian Penal Code,1860  - Section 120-B

Conviction - Sustainability - Demand and acceptance of bribe proved - Trap fully established - Witnesses narrated fully how trap was conducted from beginning till seizure of the tainted money - No evidence to show previous enmity between the complainant and the appellant-Plea of false implication repelled - Always desirable to have a shadow witness in the trap party - Absence of such witness not to vitiate the whole trap proceedings - No contradiction in deposition of prosecution witnesses - Conviction affirmed - Sentence reduced to one year in the circumstances of the case.

Prevention of Corruption Act,1988  - Section 7 , Section 13 (1) ,  (2) , Section 20

Offence under - Demand of illegal gratification - Sine qua non for constituting an offence under the Act - Mere recovery of tainted money - Not sufficient for conviction - Burden rests on accused to displace the statutory presumption raised under section 20 of the Act - While invoking provisions of section 20 - Court required to consider explanation offered by the accused on the touchstone of preponderance of probability and not on touchstone of proof beyond all reasonable doubt.

Topic(s)-Demand of Illegal Gratification

Important Decision(s)- Prevention of Corruption Act - Demand of illegal gratification - Sine qua non for constituting an offence under the Act - Mere recovery of tainted money - Not sufficient for conviction.