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2026 Supreme(Online)(Chh) 12606

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Rajani Dubey, J
Jitendra Nath Mukherjee – Appellant
Versus
Union of India – Respondent
CRA No. 860 of 2006

Advocates:
For the Appellants/Petitioners: Leekesh Kumar, Manish Kumar Chandra, Renu Kochar
For the Respondents: Vaibhav Goverdhan

In corruption cases, proof of demand for illegal gratification is an indispensable sine qua non. Mere recovery of tainted money, without establishing voluntary acceptance and a prior demand, is insufficient to sustain a conviction, as statutory presumptions cannot be invoked until foundational facts are proven beyond reasonable doubt.

Headnote:(A) Prevention of Corruption Act, 1988 - Sections 7, 13(1)(d), and 13(2) - Indian Penal Code - Section 201 - Conviction for illegal gratification - Appeal - Demand of illegal gratification is sine qua non to constitute offence of corruption - Mere recovery of currency notes is insufficient for conviction in absence of proof of demand and voluntary acceptance - Statutory presumption under Section 20 can only be invoked after demand and acceptance are established by the prosecution. (Paras 28, 30, 32)

(B) Evidence Act - Burden of proof - Initial burden lies on prosecution to prove demand and acceptance beyond reasonable doubt - Failure to prove foundational facts like existence and movement of alleged application for official work makes prosecution case doubt-ridden - Prosecution cannot rely solely on circumstantial evidence or uncorroborated testimony of complainant where material witnesses are withheld or evidence is contradictory. (Paras 31, 33)

Facts of the case:
The deceased appellant was charged for demanding and accepting illegal gratification to process a loan application. The trial court convicted the accused based on the recovery of tainted currency notes during a trap proceeding. During the pendency of the appeal, the original accused passed away and the appeal was contested by his legal representative.

Findings of Court:
The prosecution failed to produce the original loan application, relying only on a photocopy without verifying its official movement or submission. Evidence from departmental witnesses showed that the alleged application was never processed or placed before the accused. The recovery of money, in the absence of established demand or voluntary acceptance, does not support conviction.

Issues: Whether the prosecution proved the demand and acceptance of illegal gratification beyond reasonable doubt to sustain conviction under the Prevention of Corruption Act, and whether the trial court erred in ignoring the missing foundational evidence regarding the loan application.

Ratio Decidendi: Proof of demand is the gravamen of the offence. Mere recovery of money, de hors proof of demand, is insufficient to sustain a conviction. Without establishing the demand for and voluntary acceptance of gratification, the statutory presumption of guilt cannot be activated.

Result: Appeal allowed; conviction and sentence set aside.

Table of Content
1. procedural history, summary of charges, and prosecution narrative regarding bribe demand. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. appellant's contentions regarding failure of proof of essential ingredients and invalidity of sanction. (Para 7 , 8 , 9)
3. prosecution's contention defending findings on demand, recovery, and presumption under the pc act. (Para 10)
4. analysis of evidentiary record and absence of corroborated proof of demand. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28)
5. demand of illegal gratification as sine qua non for conviction. (Para 29 , 30 , 31 , 32 , 33)
6. final acquittal due to failure to prove essential ingredients of the offence. (Para 34 , 35 , 36)

The date when the judgment is reserved	The date when the judgment is pronounced	The date when the judgment is uploaded on the website
		Operative	Full
10.02.2026	18.03.2026	--	18.03.2026

AFR

(C.A.V. Judgment)

1. This appeal arises out of the judgment of conviction and order of sentence dated 21.11.2006 passed by the Special Judge (C.B.I.), Raipur (C.G.) in Special Criminal Case No.54/2004 convicting and sentencing the accused/appellant as under :-

CONVICTION	SENTENCE
Section 7 of the Prevention of Corruption Act.	R.I. for one year and fine of Rs.5000/-, in default of payment of fine amount, additional R.I. for 04 months.
Section 13(2) r/w 13 (1)(D) of the Prevention of Corruption Act.	R.I. for 01 year with fine of Rs.5000/-, in default of payment of fine amount, additional R.I. for 04 months.
All the sentenced were directed to run concurrently.

2. During the pendency of the appeal, the original appellant expired and his wife, being his legal representative, was permitted to continue the present appeal.

3. The prosecution story, in brief, is that complainant, Michael Masih, was posted as Electrical Fitter Grade-IV at Korea Colliery under S.E.C.L., Chirimiri Area. He had submitted an application seeking withdrawal of an advance amount of Rs. 2,50,000/- from his Provident Fund account. At the relevant time, accused, J. N. Mukherjee (since deceased), was posted as Personal Manager at West Chirimiri Colliery. The application of the complainant for sanction of provident fund advance was required to be processed and approved through the office of the accused. It was alleged that the accused demanded illegal gratification of Rs. 5,000/- from the complainant for facilitating and approving the said advance application. Being aggrieved by the demand of bribe, the complainant approached the Central Bureau of Investigation (CBI) and lodged a complaint. Upon receipt of the complaint, the CBI organized a trap proceeding to apprehend the accused while accepting the bribe amount. On 27.02.2004, at the residential premises of the accused, being Quarter No. 2 situated at Korea Colliery, the accused allegedly demanded and accepted the bribe amount of Rs. 5,000/- from complainant, Michael Masih, in the presence of an independent witness, S.S. Kashyap. Immediately thereafter, the CBI trap team apprehended the accused red-handed and recovered the bribe amount from his possession. It was further alleged that in order to screen himself from legal punishment, the accused caused disappearance of the original provident fund advance application submitted by the complainant.

4. After completion of usual investigation, the CBI obtained prior sanction for prosecuting the accused from the competent authority, namely the Chairman of Coal India Limited, being the disciplinary authority of the accused, and thereafter filed a charge-sheet before this Special Court for offences punishable under Sections 7 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, (for short ‘the PC Act’) and Section 201 of the Indian Penal Code. The learned Trial Court framed charges against the accused/appellant under Sections 7 and 13 (1) (d) read with section 13 (2) of the P.C. Act., to which

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2026 Supreme(Online)(Chh) 12606

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURRajani Dubey, JJitendra Nath Mukherjee – AppellantVersusUnion of India – RespondentCRA No. 860 of 2006

Cases Referred (3)

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Rajani Dubey, J
Jitendra Nath Mukherjee – Appellant
Versus
Union of India – Respondent
CRA No. 860 of 2006