Illegal gratification and unrebutted statutory presumption sustained conviction after reversal of acquittal in corruption prosecution.

Consistent evidence from the complainant and panch witness established demand and acceptance of illegal gratification, the placing of the money in the accused's hip pocket, the signing of the bail bond register, and a successful phenolphthalein trap. The defence that the money was thrust into the pocket was unsupported and abandoned. On these facts, the statutory presumption under Section 20 of the Prevention of Corruption Act, 1988 remained unrebutted, and the High Court was justified in reversing the acquittal and sustaining the conviction.

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Issues: Whether the conviction recorded by the High Court, reversing the acquittal, was sustainable on the evidence and whether the statutory presumption of corruption stood rebutted.

Analysis: The evidence of the complainant and the panch witness was found to be materially consistent on the demand for illegal gratification, the receipt of the money by the accused, its placement in the hip pocket, the subsequent signing of the bail bond register, and the trap proceedings, including the phenolphthalein test turning the right hand pink. The alleged defence that the money was thrust into the pocket was not supported by any evidence and was abandoned. In these circumstances, the presumption under Section 20 of the Prevention of Corruption Act, 1988 was held to remain unrebutted. The High Court was therefore justified in interfering with the acquittal and in recording conviction.

Conclusion: The conviction was upheld and the challenge to the reversal of acquittal failed.

Final Conclusion: The prosecution case was accepted as proved beyond reasonable doubt, and the accused remained liable to undergo the sentence imposed for the corruption offences.

Ratio Decidendi: Where demand and acceptance of illegal gratification are consistently proved and the accused offers no credible rebuttal, the statutory presumption of corruption is not displaced and a conviction may be sustained even on appeal from acquittal.

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