Corruption prosecution requires proof of demand and acceptance before presumption applies; mere recovery of money is insufficient.

In a corruption prosecution, demand and acceptance of illegal gratification had to be proved as foundational facts before the statutory presumption could arise. The complainant turned hostile and denied any demand or payment, the supporting witnesses gave no direct proof of demand, the audio recording was unclear, and the tainted money was recovered from a table drawer rather than from the accused. Those circumstances left the defence explanation unrebutted and created reasonable doubt. The conviction was therefore not sustainable and acquittal followed.

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Issues: Whether the conviction for offences under the Prevention of Corruption Act could be sustained when the complainant turned hostile and the prosecution evidence did not prove demand and acceptance of illegal gratification beyond reasonable doubt.

Analysis: The prosecution was required to establish demand and acceptance of illegal gratification as foundational facts. The complainant resiled from the complaint and denied demand or payment of bribe. The supporting witnesses did not furnish direct proof of demand, as their evidence substantially depended on what the complainant allegedly told them. The audio recording was not clear, the tainted money was recovered from a table drawer and not from the person of the accused, and the surrounding circumstances, including the defence explanation, created doubt. In these circumstances, the statutory presumption could not be invoked without first proving the foundational facts, and the evidence fell short of the standard required for conviction.

Conclusion: The conviction was not sustainable and the accused was entitled to acquittal.

Ratio Decidendi: In a corruption prosecution, demand of illegal gratification must be proved as a foundational fact before the statutory presumption can operate, and mere recovery of money without reliable proof of demand and acceptance is insufficient to sustain conviction.

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