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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MR. JUSTICE GANESH RAM MEENA, J
Bhagwan Singh S/o Shri Kishan Singh – Appellant
Versus
State Of Rajasthan Through Pp – Respondent
JUDGMENT :
1. By filing instant criminal appeal under section 374 (2) CrPC, the accused appellant has challenged the judgment of conviction and sentence dated 04.01.2016 passed by the Court of learned Special Judge, Special Court of ACD Cases, Alwar (for short ‘the learned trial court’) in Sessions Case No.33/2015(12/10,101/13), State Vs. Bhagwan Singh, whereby the learned trial court convicted him for the offences punishable under Section 7 & 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988 (For short ‘the Act of 1988’) and sentenced to undergo four years rigorous imprisonment and also a fine of Rs.10,000/- and in default of payment of fine to further under three months imprisonment.
2. The facts of the case in nutshell are that one Najir S/o Kabira (PW4), Age 50 years R/o Village Baghore P.S. Tijara District Alwar gave a parcha bayan (Ex.P1) on 09.04.2009 at 11:15 AM in the ACB Chowki, Alwar and stated that one Imrat who is resident of Village Dorakhi, Tehsil Ferozepur Jhirka District Nuh is ‘Samdhi’ of his elder brother Aasin, so, he shares the same relation with him. His above named relative has been confined in the P.S. Malakhera for last five days. Im
The prosecution must prove both the demand and acceptance of bribe beyond reasonable doubt; mere recovery of money is insufficient for conviction.
Demand for illegal gratification is essential to establish guilt under the Prevention of Corruption Act, and mere recovery of money is insufficient.
Proof of demand and acceptance of bribe as a sine qua non for conviction under the Prevention of Corruption Act, emphasizing the necessity of corroborative evidence beyond the complainant's testimony....
Prevention of corruption -Demand of Bribe - Trap case - Recovery of tainted amount - Conviction set aside - Mere recovery by itself cannot prove the charge of the prosecution against the accused.
Proof of demand and acceptance of bribe is essential for conviction under Sections 7 and 13 of the Prevention of Corruption Act, 1988.
The prosecution must prove both the demand and acceptance of illegal gratification to substantiate a conviction under the Prevention of Corruption Act; mere recovery of bribe money without proven dem....
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