Bombay HC: Statutory presumption U/S 20 of the Prevention of Corruption Act can arise only after the prosecution proves the foundational fact of 'demand'

 The basic requirement of demand is required to be proved beyond all reasonable doubt. In order to prove the charges for the offence punishable under Section 13(1)(d) r/w Section 13(2) of the PC Act, the proof of demand of illegal gratification is absolutely necessary as it is sine qua non of the offence. If the prosecution fails to prove this demand of illegal gratification, the charge against the appellant therefore, for the aforesaid offences would fail. It is clearly established in several judgments delivered by the Hon'ble Supreme Court including the judgment in Neeraj Dutta vs. State (Govt. of NCT of Delhi) reported in MANU/SC/0250/2023 : 2023:INSC:245 : (2023) 18 SCC 251, that mere possession and recovery of currency notes from the possession of the accused without proof of demand would not establish the offence under under Section 13(1)(d) r/w Section 13(2) of the P.C. Act. In absence of proof of demand and illegal gratification and use of corrupt or illegal means to obtain any valuable or pecuniary advantage, it cannot be said that the offence of taking bribe is proved. Thus, the proof of demand has been held to be indispensable ingredient. Therefore, failure on the part of prosecution to prove demand and illegal gratification, would be fatal and mere recovery of the amount from the appellant/accused would not entail his conviction for the said offences. {Para 14}

15. It is settled law that the statutory presumption under Section 20 of the said Act can arise only after the prosecution proves the foundational fact of 'demand'. 

 IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

Criminal Appeal No. 91 of 2007

Decided On: 24.12.2025

Dadasaheb Vs. State of Maharashtra

Hon'ble Judges/Coram:

Sushil M. Ghodeswar, J.

Citation: MANU/MH/9193/2025,AIROnline 2025 BOM 1595.

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Supreme Court: How to appreciate evidence if FIR neither discloses the identity of the accused nor does it refer to any particular features of the accused?

 However, the significance of the contents of the

FIR, to be specific, the omissions therein, cannot be

overlooked while examining the subsequent theory

about identification of the accused-appellant. The

FIR neither discloses the identity of the accused nor

does it refer to any particular features of the accused

which could have assisted the victim to identify the

accused in the TIP. The identity of assailant was

admittedly not known at the time when the FIR was

lodged. Consequently, the manner in which the

identity of the accused-appellant came to be

ascertained subsequently assumes considerable

importance. {Para 25}

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 135 OF 2026

DHANRAJ  Vs STATE OF RAJASTHAN 

Author: Mehta, J.

Dated: SEPTEMBER 07, 2026.

Citation: 2026 INSC 958.

Read full judgment here: Click here.

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Supreme Court: How to appreciate evidence if investigating officer fails to investigate complaint of accused that he was falsely implicated due to political rivalry?

 The Investigating Officer (PW-8) was cross examined

on behalf of the defence, and a specific

suggestion was put to him with reference to the

complaints made by the accused-appellant and his

family members regarding false implication of the

accused-appellant at the behest of the local MLA. The

Investigating Officer admitted that the complaints

made on behalf of the accused and his family

members, supported by affidavits, had been received

by him, but he did not make any inquiry into such

complaints. {Para 28}

29. This omission assumes significance because the

defence was not merely putting forth a bare

suggestion of false implication. It had specifically

brought to the notice of the Investigating Officer that

the accused-appellant and his family members had

approached the authorities alleging that the

appellant was being falsely implicated and targeted

on account of political rivalry. Once such complaints

were admittedly received during the course of

investigation, the Investigating Officer was expected

to undertake at least some verification before

completely discarding the same. His failure to

conduct any inquiry on these complaints deprives the

Court of an important circumstance which could

have either fortified or dispelled the defence plea.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 135 OF 2026

DHANRAJ  Vs STATE OF RAJASTHAN 

Author: Mehta, J.

Dated: SEPTEMBER 07, 2026.

Citation: 2026 INSC 958.

Read full judgment here: Click here.

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Supreme Court: How to appreciate evidence if sketch of accused prepared with the assistance of the victim was not produced on record?

The Investigating Officer further admitted that

the victim and her father were taken to Jaipur, and

that a sketch was prepared for the purpose of

identifying the accused. However, he admitted that

the said sketch was not available with him and had

not been produced before the trial Court. This

circumstance assumes considerable significance, as

the sketch, having been prepared with the assistance

of the victim at an early stage of the investigation,

constituted an important corroborative material for

ascertaining the identity and physical features of the

then unknown assailant. The non-production of the

said sketch deprives the Court of an opportunity to

examine whether the description furnished by the

victim at the earliest stage was consistent with the

physical features of the accused-appellant. {Para 31}

32. Hence, it is safe to conclude that the

Investigating Officer had no reliable evidence which

could point the finger of suspicion towards the

accused-appellant as being the perpetrator of the

crime. Thus, there remains a serious doubt regarding

the basis on which the accused-appellant came to be

arrested and his subsequent identification as the

assailant.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 135 OF 2026

DHANRAJ  Vs STATE OF RAJASTHAN 

Author: Mehta, J.

Dated: SEPTEMBER 07, 2026.

Citation: 2026 INSC 958.

Read full judgment here: Click here.

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