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2015 (5) TMI 1255 - SUPREME COURTIllegal Gratification - Bribe - rebuttal of presumption - conviction Under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act - HELD THAT:- Mere recovery of the tainted amount is not a sine qua non for holding a person guilty Under Sections 7, 11 and 13 of the Act. This Court has observed in NARENDRA CHAMPAKLAL TRIVEDI & HARJIBHAI DEVJIBHAI CHAUHAN VERSUS STATE OF GUJARAT [2012 (5) TMI 603 - SUPREME COURT], that there has to be evidence adduced by the prosecution that bribe was demanded or paid voluntarily as bribe. The demand and acceptance of the amount as illegal gratification is a sine qua non for constituting an offence under the Prevention of Corruption Act. The prosecution is duty bound to establish that there was illegal offer of bribe and acceptance thereof and it has to be founded on facts. In the present case the 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. The essential ingredient of demand and acceptance has been proved by the prosecution based on the factum of the case. It has been witnessed by the key eye witnesses and their testimonies have also been corroborated by other material witnesses. The offence Under Section 7 of P.C. Act has been confirmed by the unchallenged recovery of the tainted amount. Thus, it is the obligation to raise the presumption mandated by Section 20 of P.C. Act. 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. Thus, the accused Respondent has not successfully rebutted the presumption Under Section 20 of the P.C. Act. The prosecution, on the other hand, has established the demand and acceptance of the tainted money. The recovery also has gone unchallenged. The appeal is allowed.
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