Proof of demand and voluntary acceptance of illegal gratification is a sine qua non for conviction. Mere recovery of money, in the absence of substantive evidence proving such demand and a clearly established conspiracy, is insufficient to sustain a criminal conviction.

JUDGMENT :

PRASANNA B. VARALE, J.

1. The present appeals arise from the impugned order dated 27.05.2019 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Criminal Appeal Nos. 967, 964 and 963 of 2014, wherein the High Court allowed all the three appeals of the accused respondents and acquitted the respondents of the charges levelled against them. Aggrieved by the same, the State has preferred the present appeals.

BRIEF FACTS

2. The factual matrix of the case is that on 05.01.1995, R.K. Srivastava, Superintendent, Central Excise, A.K. Gaba, Inspector, Central Excise and Alok Gupta, Inspector, Central Excise had visited M/s Prime Products, Kursi Road, Barabanki and also inspected the adjoining factory, namely, M/s Amoli Ceraplast Ltd. R.K. Srivastava along with other co-accused persons had seized all the available records of M/s Amoli Ceraplast Ltd. without giving any acknowledgement. Thereafter, the complainant Kuldeep Tiwari, Retainer Consultant, visited the office of R.K. Srivastava on 10.01.1995 at about 10.00 P.M. and asked him to return all the documents which they have taken away with them from the factory but R.K. Srivastava had said to the complainant that unless he made the payment of Rs.80,000/- as an illegal gratification, the documents will not be returned to him. Feeling aggrieved, complainant Kuldeep Tiwari lodged a First Information Report (hereinafter referred to as ‘F.I.R’) with Superintendent of Police, C.B.I., Lucknow.

3. Thereafter, on 10.01.1995, at about 7.00 pm., complainant alongwith shadow witness visited the office of R.K. Srivastava, where accused, namely, A. K. Gaba and Alok Gupta were also present at that time, R.K. Srivastava had demanded Rs.80,000/- as an illegal gratification. On 14.01.1995, complainant alongwith the shadow witnesses again visited the residence of Shri R.K. Srivastava with Rs. 80,000/- where the brother of the accused P.K. Srivastava was allegedly also found sitting there. The team of the C.B.I. raided the house of the accused, namely, R.K. Srivastava and Rs.60,000/- were recovered from the bedroom and Rs. 20,000/- were also recovered from the pocket of jacket of P. K. Srivastava. Both hands of R.K. Srivastava. P.K. Srivastava and Dushyant Kumar were dipped in the solution, on this solution turned pink. As such, R.K. Srivastava and other accused persons were allegedly caught red-handed. After completing the process of investigation, charge-sheet came to be filed on 11.11.1997 by the investigating agency i.e. CBI against the accused persons for the offences under Section 120-B Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) r/w Section 7, Section 13(2) r/w13(1)(d) of Prevention of Corruption Act, 1988 (hereinafter referred to as ‘P.C. Act’) and Section 114 and 201 IPC read with Section 7 & 13(2) P.C. Act in the Court of Special Judge, Lucknow. Criminal Case No. 05/1997 was registered against all accused.

4. The Special Judge, Lucknow vide order dated 26.07.2014, convicted the accused persons Shri R.K. Srivastav, Shri A.K. Gaba, Shri Dushyant Kumar, Shri Alok Gupta U/s 120B of IPC R/W Section 7 and 13 (1)(d) R/w Section 13(2) P.C. Act and acquitted P.K. Srivastava by giving benefit of doubt.

5. Aggrieved by the order, the respondents herein filed Criminal