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Head Note

Prevention of Corruption Act,1988  - Section 7 , Section 13

Corruption - Demand - Illegal Gratification - According to the prosecution, the demand had in fact been made on 3.10.2023 by the appellant to the complainant and on his complaint, the trap was laid on the next date i.e. 4.10.2023 - However, the testimony of PW1- does not reproduce the demand allegedly made by the appellant to the complainant which can be construed to be one as contemplated in law to enter a finding that the offence under Section 7 or 13(1)(d)(i)&(ii) of the Act against the appellant has been proved beyond reasonable doubt - Prosecution, in the instant case, has failed to prove unequivocally, the demand of illegal gratification - It would be wholly un-safe to sustain the conviction of the appellant under Section 13(1)(d)(i)&(ii) read with Section 13(2) of the Act as well.

Prevention of Corruption Act,1988  - Section 7 , Section 13

Illegal Gratification - Failure of the prosecution to prove the demand for illegal gratification would be fatal and mere recovery of the amount from the person accused of the offence under Sections 7 or 13 of the Act would not entail his conviction thereunder.

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