P&H: Acquits Electricity Department Foreman in Bribery Case, Says Recovery Alone Cannot Prove Corruption

(i) Prevention of Corruption Act, 1988, Ss.7, 13(2), 20 — Illegal gratification — Demand and acceptance — Prosecution failed to establish beyond reasonable doubt that appellant demanded or voluntarily accepted illegal gratification - Complainant and shadow witness did not support prosecution case and attributed demand...

(ii) Prevention of Corruption Act, 1988, Section 20 — Statutory presumption — Foundational facts — Presumption u/s.20 could not be invoked because prosecution failed to prove foundational facts of demand and acceptance beyond reasonable doubt - Recovery by itself did not relieve prosecution of its...

(iii) Prevention of Corruption Act, 1988, Sections 7, 13(2) — Trap case — Recovery proceedings — Testimony of official witnesses established trap and recovery, but not the foundational fact that demand for illegal gratification emanated from appellant or that he consciously accepted it as a...