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2016 (1) TMI 1429 - SC - Indian LawsIllegal gratification - demand of bribe - Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 - HELD THAT:- On the basis of factual and legal aspects of the case and evidence on record produced in the case, it is clear that the High Court has recorded the concurrent findings on the charges framed against the Appellant in the impugned judgment and order. It has also failed to re-appreciate the evidence on record properly and consider the law on the relevant aspect of the case. Therefore, the said findings are not only erroneous in law but also suffer from error in law. Hence, the same is liable to be set aside. After a careful reading of the evidence of the complainant-Jai Bhagwan (PW-2), statements made by the Appellant in his examination Under Section 313 of Code of Criminal Procedure as well as the evidence of Anoop Kumar Verma (PW-6) and inspector-Sunder Dev (PW-12), it is clear that there was no demand of bribe money by the Appellant from the complainant-Jai Bhagwan - It is well settled position of law that the demand for the bribe money is sine qua non to convict the accused for the offences punishable Under Sections 7 and 13(1)(d) read with Section 13(2) of the PC Act. The approach of both the trial court and the High Court in the case is erroneous as both the courts have relied upon the evidence of the prosecution on the aspect of demand of illegal gratification from the complainant-Jai Bhagwan (PW-2) by the Appellant though there is no substantive evidence in this regard and the Appellant was erroneously convicted for the charges framed against him - The prosecution has failed to prove the factum of demand of bribe money made by the Appellant from the complainant-Jai Bhagwan (PW-2), which is the sine qua non for convicting him for the offences punishable Under Sections 7 and 13(1)(d) read with Section 13(2) of the PC Act. The impugned judgment and order of the High Court is not only erroneous but also suffers from error in law and therefore, liable to be set aside - Appeal allowed.
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