State of Punjab Versus Madan Mohan Lal SCI 12 August 2013 Criminal Law—Bribery—Illegal Gratification—Prevention of Corruption Act (49 of 1988), Sections 7 and 13(1)(d) read with 13(2)—Allegation that respondent/Accused demanded illegal gratification from complainant—Trial Court convicted—High Court acquitted respondent/accused—Appeal against acquittal—Whether High Court justified in giving benefit of doubt to respondent/accused—Held, demand of illegal gratification is sine qua non for constituting offence under 1988 Act—Mere recovery of tainted money is not sufficient to convict accused when substantive evidence in case is not reliable—Mere receipt of amount by accused not sufficient to fasten guilt in absence of any evidence with regard to demand and acceptance of amount as illegal gratification—P.W.2 is witness only to recovery and not to accepting bribe money—Prosecution failed to disclose genesis of case correctly—High Court justified in ordering acquittal of respondent/accused—Appeal dismissed.
Posted on: Wed, 11 Sep 2013 05:14:02 +0000
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