https://www.taxtmi.com/caselaws?id=312117 Proof of demand and acceptance of illegal gratification remains a foundational requirement for convictions under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988. Mere recovery of tainted currency notes is insufficient to sustain guilt unless demand is proved by direct or circumstantial evidence, and a presumption can arise only after foundational facts are established. Where the complainant and shadow witness turn hostile and the prosecution fails to prove demand, recovery evidence alone cannot establish the offence. The conviction and sentence were therefore held unsustainable, and acquittal followed. en-us Thu, 23 Mar 2023 00:00:00 +0530 Thu, 01 Feb 2024 18:24:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312117 Proof of demand and acceptance of illegal gratification remains a foundational requirement for convictions under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988. Mere recovery of tainted currency notes is insufficient to sustain guilt unless demand is proved by direct or circumstantial evidence, and a presumption can arise only after foundational facts are established. Where the complainant and shadow witness turn hostile and the prosecution fails to prove demand, recovery evidence alone cannot establish the offence. The conviction and sentence were therefore held unsustainable, and acquittal followed. Case-Laws Indian Laws Thu, 23 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312117