Proof of demand is essential under anti-corruption law; tainted money recovery alone cannot sustain conviction.

Proof of demand of illegal gratification is essential to sustain conviction under the Prevention of Corruption Act, 1988. Where the complainant turns hostile, material witnesses do not support the prosecution, and demand is not proved beyond reasonable doubt, recovery of currency notes and a phenolphthalein test are insufficient by themselves to establish guilt. Mere possession or recovery of tainted money, without reliable proof of demand and acceptance, cannot bring home the charge. On that basis, the conviction and sentence under Section 13(1)(d) read with Section 13(2) were found unsustainable and were set aside, resulting in acquittal.

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Issues: Whether conviction for offences under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 could be sustained in the absence of proof of demand of illegal gratification and reliable evidence of acceptance.

Analysis: Demand of illegal gratification is a sine qua non for constituting offences under Section 7 and for sustaining a conviction under Section 13(1)(d) of the Prevention of Corruption Act, 1988. The prosecution evidence did not prove the alleged demand beyond reasonable doubt. The complainant turned hostile, material witnesses did not support the prosecution version, and the recovery of currency notes and the phenolphthalein test were not, by themselves, sufficient to establish demand and acceptance. Mere possession or recovery of tainted money, without proof of demand, could not bring home the charge.

Conclusion: The conviction and sentence under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 were unsustainable and were set aside; the appellant was entitled to acquittal.

Ratio Decidendi: Proof of demand of illegal gratification is essential for conviction under the Prevention of Corruption Act, and recovery of tainted money alone, without reliable proof of demand and acceptance, is insufficient to sustain guilt.

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