Proof of demand is essential in corruption cases; mere recovery of tainted money cannot sustain conviction without reliable acceptance evidence.

Conviction for conspiracy and corruption offences could not stand where the prosecution failed to prove demand and voluntary acceptance of illegal gratification with the certainty required in law. The court reiterated that proof of demand is the gravamen of offences under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988, and that mere recovery of tainted currency, without reliable evidence of demand, is insufficient to establish guilt. In the absence of trustworthy proof of demand, the statutory presumption could not be invoked to sustain the conviction, and the accused were entitled to acquittal on benefit of doubt.

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Issues: Whether the convictions for offences under Section 120-B of the Indian Penal Code read with Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 could be sustained in the absence of reliable proof of demand and acceptance of illegal gratification.

Analysis: The conviction rested on the alleged demand and receipt of illegal gratification, but the evidence did not establish demand with the certainty required in law. The Court relied on the settled principle that proof of demand of illegal gratification is the gravamen of offences under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988, and that mere recovery of currency notes, without proof of demand and voluntary acceptance, is insufficient to sustain conviction. In the absence of trustworthy proof of demand, the statutory presumption could not be pressed into service to uphold guilt.

Conclusion: The convictions were unsustainable and the appellants were entitled to acquittal on benefit of doubt.

Ratio Decidendi: Proof of demand of illegal gratification is indispensable for conviction under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988, and mere recovery of tainted money, without such proof, cannot by itself establish the offence.

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