TaxTMI 
TaxTMI 
2019 (2) TMI 2097
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.... complainant was not willing to pay the bribe, he made a complaint (Ex.PW5/A) before ACB, based on which, FIR was registered. Inspector O.D. Yadav (PW-6) organised the pre-raid proceedings. S.K. Awasthi (PW-5) accompanied the complainant and the complainant paid Rs.10,000/- to the appellant and she received the amount from the complainant and the same was transferred to the second accused-Yogesh Kumar/Driver. Upon receiving signal from PW-5/shadow witness, PW-6-Inspector along with raiding party arrived and recovered Rs.10,000/- from the second accused-Yogesh Kumar. Hands of both the appellant and accused No.2-Yogesh Kumar turned pink, when they were put in the sodium bicarbonate solution. Upon completion of investigation, charge sheet was filed against the appellant and accused Yogesh Kumar under Sections 7 and 13(2) of Prevention of Corruption Act, 1988 (For short "The P.C. Act"). 3. Since the complainant passed away before the trial, he could not be examined. PW-5-shadow witness was examined who supported the case of the prosecution. Based upon the evidence of PW-5 and recovery of money from the appellant, the trial court held that the demand and acceptance of illegal gratifica....
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....rap operation and also the chemical reaction of the sodium carbonate solution qua the appellant, we are left unpersuaded to return a finding that the prosecution in the instant case has been able to prove the factum of demand beyond reasonable doubt. Even if the evidence of PW 1 S. Udaya Bhaskar is accepted on the face value, it falls short of the quality and decisiveness of the proof of demand of illegal gratification as enjoined by law to hold that the offence under Section 7 or Sections 13(1)( d )(i ) and ( ii) of the Act has been proved. True it is, that on the demise of the complainant, primary evidence, if any, of the demand is not forthcoming. According to the prosecution, the demand had in fact been made on 3- 10-1996 by the appellant to the complainant and on his complaint, the trap was laid on the next date i.e. 4- 10-1996. However, the testimony of PW 1 S. Udaya Bhaskar does not reproduce the demand allegedly made by the appellant to the complainant which can be construed to be one as contemplated in law to enter a finding that the offence under Section 7 or Sections 13(1)(d)(i) and (ii) of the Act against the appellant has been proved beyond reasonable doubt. 2....
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....itness who has supported the prosecution case only in some particulars. Based on the evidence of the Inspector who laid the trap and panch witness and observing that it is not necessary that the passing of money should be proved by direct evidence, in para (10) of Hazari Lal, the Supreme Court held as under:- "10. ......It is not necessary that the passing of money should be proved by direct evidence. It may also be proved by circumstantial evidence. The events which followed in quick succession in the present case lead to the only inference that the money was obtained by the accused from PW 3. Under Section 114 of the Evidence Act the court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to facts of the particular case. One of the illustrations to Section 114 of the Evidence Act is that the court may presume that a person who is in possession of the stolen goods soon after the theft, is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession. So too, in the facts and circums....
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....a prudent man would do under similar circumstances. Presumption is not the final conclusion to be drawn from other facts. But it could as well be final if it remains undisturbed later. Presumption in law of evidence is a rule indicating the stage of shifting the burden of proof. From a certain fact or facts the court can draw an inference and that would remain until such inference is either disproved or dispelled. ........ 19. Illustration (a) to Section 114 of the Evidence Act says that the court may presume that "a man who is in the possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession". That illustration can profitably be used in the present context as well when prosecution brought reliable materials that the appellant's pocket contained phenolphthalein-smeared currency notes for Rs 500 when he was searched by PW-7 DSP of AntiCorruption Bureau. That by itself may not or need not necessarily lead to a presumption that he accepted that amount from somebody else because there is a possibility of somebody else either stuffing those currency notes into his pocket or steal....