N. Sunkanna Vs. State of A. P.
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Head Note
Prevention of Corruption Act,1988 - Section 7 , Section 13 (2) , Section 20
Illegal Gratification - Presumption - Mere possession and recovery of the currency notes from the accused without proof of demand will not bring home the offence under Section 7, since demand of illegal gratification is sine-qua-non to constitute the said offence - In the absence of any proof of demand for illegal gratification the use of corrupt or illegal means or abuse of position as a public servant to obtain any valuable thing or pecuniary advantage u/s 13(1)(d) cannot be held to be established - It is only on proof of acceptance of illegal gratification that presumption can be drawn under Section 20 of the Act that such gratification was received for doing or forbearing to do any official act - Unless there is proof of demand of illegal gratification proof of acceptance will not follow.
Topic(s)-Corruption - Illegal Gratification - Presumption - Acquittal