The judgment emphasizes the importance of the presumption available under Section 20 of the Prevention of Corruption Act and the burden on the accused to disprove it, highlighting the significance of the recovery of money and the accused's explanations.

1. - The present appeal has been filed by the State of Rajasthan against an order of acquittal passed by the Court of Sessions Judge, Prevention of Corruption Cases, Bikaner in Criminal Original Case No. 69/97 (4/92) dated 30.4.1999.At the time when this Court granted leave to -Appeal against the order of acquittal on 29.10.1999, the case was ordered to be hears expeditiously.The accused-respondent was tried for offences u/ss. 7 & 13(1)(D) r/w Section 13(2) of Prevention of Corruption Act, 1988.The facts gives rise to the prosecution of the accused-respondent are that the respondent-Patwari was Incharge of Revenue Circle 84 RBB Tehsil Raisinghnagar District Sri Ganganagar. The complainant-Gurmukh Singh son of Mahendra Singh by caste Raisikh, resident of 85 R.B. appeared before the Rajasthan State Investigation Bureau (S.B.) Ganganagar Post on 20.3.1991 and submitted an application Ex.P/13 to the Incharge of the Chowki Hazari Lal, Inspector. In his application he narrated that he is holder of temporary cultivation lease in Chak 85 RB for 10 bighas 5 biswas. He was also holder of another land measuring 12.5 bighas in Lakha Tiba which is also a temporary cultivation lease. He wanted that his temporary cultivation lease may be converted into a permanent lease. He filled in a form, for the same which has been produced on the record as Ex.P/7. This form was presented before the S.D.M. Raisinghnagar. he in turn marked the application to the Tehsildar, Raisinghnagar and gave it to the complainant 'dasti'. An endorsement was made in the name of Patwari by the Tehsildar.

2. On 18.3.1991 on being approached the Patwari (the respondent) said that if the complainant wants to have a report, he has to pay a sum of Rs. 1,000/- as bribe. On being pleaded that he does not have this much of amount, the Patwari replied that if he wants to get his work done then on 20.3.1991 he has to come to his house with a sum of Rs. 500/-.

3. The complainant in his application has further written that he was not willing to pay a sum of Rs. 500/- as bribe to the respondent-Patwari. He wants to get the Patwari trapped. It was stated by the complainant that neither there was any animosity with the Patwari nor there was any money transaction pending in between him and the Patwari.

4. After receiving the report the Incharge of Chowki Inspector Hazari Lal started preparation for the trap. He called two Government employees and sought their assistance in the trap proceedings. The officials who were called assured their willingness. A sum of Rs. 500/- was given by the complainant which consisted of 4 notes of 100 denomination and 2 notes of 50 denomination. They were stained with Phenolphthalein and put.up in the left hand side pocket of the shirt of the complainant. The complainant was instructed not to touch the money, before the accused makes a demand and on being demanded, he should give it to the accused and give signal to the trap party.

5. The witnesses were directed to remain close to the complainant and the accused. They were also instructed to hear the conversation and see the transaction. The use of Phenolphthalein powder was explained to the witnesses and the party proceeded to the spot. The complainant proceeded to the house of the accused, Hansraj H.C. and Laxman Singh followed him and thereafter the Investigating Officer and the witnesses followed. On receiving the signal the Inspector alongwith the raid party reached at the spot. On being indicated by the complainant the Inspector introduced himself and talked to the accused. At that time accused informed him that he is Krishna Ram son of Ladu Ram by caste Chhipa resident of village Pharsewala, Tehsil Padampur District Sri Ganganagar at present Revenue Patwari at 84 R.B.B. Tehsil Raisinghnagar. The other persons present were Hari Ram Meena Naib Tehsildar and Lal Chand S/o Surja Ram Jat Patwari Revenue Circle Jhontawali, Tehsil Raisinghnagar.

6. After introduction part was over, the Patwari was aske