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Head Note

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

Appeal against acquittal - Illegal gratification - Presumption - Factum of demand and acceptance has been proved by the recovery of the tainted amount and the factum of there being a demand has also been stated - It has been witnessed by the key eye witnesses and their testimonies have also been corroborated by other material witnesses - Offence under Section 7 of Act has been confirmed by the unchallenged recovery of the tainted amount - Presumption mandated by Section 20 of P.C. Act liable to be raised - It is for the accused respondent to rebut the presumption, by adducing direct or circumstantial evidence, that the money recovered was not a reward or motive as mentioned under Section 7 of the P.C. Act and he failed to rebut the same - Order of acquittal passed by the High Court liable to be set aside and order of trial court restored.

Topic(s)-Corruption - Illegal gratification - Presumption - Conviction