As per case facts, Dr. Hemant Chikhalikar, the first informant, had a defamation case where a warrant was to be issued. He approached the appellant-accused, a Bench Clerk, to expedite ...
-APEAL-1115-2003.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1115 OF 2003
Shailendra Manikrao Bakare
Age: about 43 years, Occ. : Service,
Residing at Ramakramalkaji Wada,
Khadki, Dist. Pune. ...Appellant
Versus
The State of Maharashtra,
(At the instrance of Inspector of Police,
Anti-Corruption Bureau, Pune) …Respondent
Mr. Zaid Qureshi, for the Appellant (through VC), for the Appellant.
Mr. D. J. Haldankar, APP, for the Respondent-State.
CORAM :N. J. JAMADAR, J.
RESERVED ON :9
th
JULY 2026
PRONOUNCED ON :23
rd
JULY 2026
JUDGMENT:
1. This Appeal is directed against a judgment and order dated 19
th
August 2003, passed by the learned Special Judge, Pune, in Special
Case No. 16 of 1998, arising out of CR No. 333 of 1997, registered with
the Anti Corruption Bureau, Pune, whereby the accused came to be
convicted for offences punishable under Sections 7 and 13(1)(d) read
with Section 13(2) of the Prevention of Corruption Act, 1988 (“the PC
ARS 1/18
ARUN
RAMCHANDRA
SANKPAL
Digitally signed by
ARUN
RAMCHANDRA
SANKPAL
Date: 2026.07.23
21:08:34 +0530
-APEAL-1115-2003.DOC
Act, 1988”) and sentenced to undergo Rigorous Imprisonment for one
year and pay a fine of Rs.2000/-, on each count with default stipulation.
2.Shorn of Superfluities, the gravamen of indictment against the
accused runs as under:
2.1 Dr. Hemant Chikhalikar (the first informant) had filed a
complaint case, being RCC No. 1889 of 1994, alleging the commission
of offence of defamation by the accused therein, before the Court of
Judicial Magistrate, First Class, Pune. The accused therein did not
appear before the Court, hence at the instance of the first informant, the
learned Magistrate had ordered issue of a bailable warrant against the
accused therein.
2.2 On 20
th
September 1997, the first informant approached the
Appellant-Accused, who was then posted as the Bench Clerk in the
Court of the learned Magistrate on whose file the said complaint was
pending. The first informant deposited the process fees, and requested
the accused to take steps for the issuance of warrant. The accused
called the first informant on 22
nd
September 1997.
2.3 The first informant alleged that, on 22
nd
September 1997 when he
approached the accused at 11.30 am, the latter called him to come at
5.00 pm. Since it was not possible for the first informant to again come
to the Court on 22
nd
September 1997, the first informant approached
the accused on 26
th
September 1997 at about 2.30 pm. The accused
ARS 2/18
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allegedly demanded a bribe of Rs.500/- for the issue of the warrant.
The accused asked the first informant to come with the bribe amount at
5.00 pm.
2.4 The first informant thus approached the office of the Anti
Corruption Bureau, Pune and lodged the complaint. Two panch
witnesses were summoned. The pre-trap formalities were completed.
Anthracene powder was applied to five currency notes of Rs.100/-
denomination and delivered to the first informant to tender the same to
the accused, when demanded.
2.5 At about 4.30 pm on 26
th
September 1997 a trap was laid. A
panch witness accompanied the first informant to the Court hall to
verify the demand. As the accused took out the file and assured the first
informant that the warrant would be issued on Monday and asked the
complainant to comply with the demand of the accused., the first
informant tendered the tainted currency notes to the accused. The latter
accepted the said currency notes and kept those notes in the left pocket
of his shirt. A predetermined signal was given to the raiding party.
Thereupon the raiding party swooped in and apprehended the accused.
2.6In the personal search of the accused, the tainted currency notes
were found in the pocket of his shirt. Upon inspection of the currency
notes, in the light of an ultra violet lamp, bluish fluorescence was noticed
on the tainted currency notes as well as the fingers of the right hand of
ARS 3/18
-APEAL-1115-2003.DOC
the accused and pocket of the shirt of the accused. Post trap panchnama
was drawn.
2.7 The accused came to be arrested, and after finding the complicity
of the accused for the offences punishable under Sections 7 and 13(1)
(d) read with Section 13(2) of the PC Act, 1998, the accused was sent
for trial.
2.8 The learned Special Judge, framed charge against the accused for
the offences punishable under Section 7 and 13(1)(d) read with Section
13(2) of the PC Act 1988. The accused abjured his guilt.
2.9 At the trial, to substantiate the indictment against the accused
prosecution examined three witnesses, namely, Dr. Hemant Chikhalikar,
(PW-1); the first informant, Rajendra Dabhade, (PW-2); the panch
witness, and Tulshidas Pawar, (PW-3); the Investigating Officer.
2.10 In his defence the accused examined Madhukar Bakare, (DW-1)
who was allegedly present in the Court hall at the time of the alleged
occurrence.
2.11 After appraisal of the evidence, the learned Special Judge was
persuaded to return a finding that the accused demanded and accepted
the amount of Rs.500/- as gratification other than legal remuneration
as a motive or reward for the issue of a warrant and the accused by
abusing his position as a public servant obtained for himself illegal
gratification of Rs.500/- and, thus, the accused committed offences
ARS 4/18
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punishable under Sections 7 and 13(1)(d) read with Section 13(2) of
the PC Act, 1998.
2.12 Being aggrieved, the accused has preferred this Appeal.
3.I have heard Mr. Zaid Qureshi, the learned Counsel for the
Appellant, and Mr. D.J. Haldankar, the learned APP, for the Respondent-
State, at some length. With the assistance of the learned Counsel for the
parties, I have also perused the evidence and material on record.
4. Mr. Qureshi, the learned Counsel for the Appellant, submitted
that the learned Special Judge committed a grave error in returning a
finding of guilt. The prosecution case suffered from insurmountable
infirmities. Firstly, the very fact that the first informant had filed the
complaint at the given time and place, allegedly consequent to the
demand of bribe by the Appellant, is improbalised by the version of the
first informant and the Investigating officer. Secondly, the version of the
first informant bristles with improvements and inconsistencies, which
render his testimony unworthy of credence. Thirdly, there was no
demand as such; which is a
sine qua non for an offence punishable
under Section 7 of the P.C. Act, 1988. Fourthly, there is not an iota of
evidence to establish the verification of the demand. Fifthly, the defence
evidence, completely demolishes the prosecution case, and the learned
Special Judge committed a manifest error in completely discarding the
evidence of the defence witnesses which commands equal weight.
ARS 5/18
-APEAL-1115-2003.DOC
Therefore, the impugned judgment of conviction which is based on
surmises and conjectures, and not legal evidence, deserves to be
quashed and set aside.
5.Per contra, Mr. D. J. Haldankar, the learned APP, stoutly supported
the impugned judgment. It was submitted that the guilt of the accused
was established by cogent evidence. The alleged discrepancies in the
testimony of the first informant and the Investigating Officer are not of
such a nature as to throw the entire prosecution case overboard. Taking
the Court through the evidence of the first informant, in particular, Mr.
Haldankar, would urge that, all the elements of demand, acceptance
and recovery can be said to have been duly proved. Thus, the Appeal,
being devoid of substance, deserves to be dismissed, urged Mr.
Haldankar.
6.Before appreciating the aforesaid rival submissions canvassed
across the bar, a brief resume of the evidence adduced by the
prosecution may be apposite.
7.Dr. Hemant Chikhalikar, the first informant, after informing the
Court about the criminal complaint lodged by him for defamation
before the Court of the learned Magistrate and the order of warrant
issued against the accused therein, testified to the fact that on 26
th
September 1997, he approached the accused at 2.30 pm. At that time,
the accused allegedly demanded a bribe of Rs.500/- and stated that
ARS 6/18
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only after receipt of the said amount, he would make arrangement for
the issue of warrant against the accused in the said criminal case. The
accused allegedly asked the first informant to come alongwith the bribe
amount at 5.00 pm. Thereafter, the first informant went to the office of
the Anti-Corruption Bureau to lodge the compliant.
8.Dr. Chikhalikar (PW-1) after apprising the Court about the pre-
trap formalities deposed that, at 4.30 pm the raiding party left the office
of the Anti-Corruption Bureau to reach the Court. After the Presiding
Officer retired to his Chamber, the first informant and the panch
witnesses approached the accused. The accused assured him that his
work would be done on Monday and called upon the first informant to
do the work of accused then and there. Thereupon, the first informant
tendered the tainted currency notes, the accused accepted the same and
kept those currency notes in the left pocket of his shirt. Thereafter, the
raiding party apprehended the accused.
9.Mr. Rajendra Dabhade (PW-2), the panch witness, claimed to
have visited the office of the Anti-Corruption Bureau at 3.00 pm. He
further deposed, after the verification of the complaint and pre-trap
formalities, the raiding party left the office of the Anti-Corruption
Bureau at 4.45 pm. It reached the District Court premises, Pune. He and
the first informant approached the accused.
ARS 7/18
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10.Mr Dabhade (PW2) wants to impress upon the Court that, the
first informant enquired with the accused as to whether the warrant
was prepared. The accused replied in the negative and stated that if the
amount as demanded by the accused was paid to him, he would prepare
the warrant on Monday. Thereupon, the first informant tendered the
tainted currency notes to the accused. Mr. Rajendra Dabhade (PW-2)
lends support to the claim of Dr. Chikhalikar (PW-1) on the recovery of
the tainted currency notes from the accused.
11.Mr. Tulshidas Pawar, (PW-3), the then Police Inspector, Anti-
Corruption Bureau, Pune, furnished the details of the pre-trap and post-
trap events. The accused was allegedly found in possession of the
tainted currency notes. Thereupon, the accused was apprehended.
12.It would be contextually relevant to note that Mr. Madhukar
Bakare (DW-1), the witness examined by the accused in his defence,
wants the Court to believe that on 26
th
September 1997, he had gone to
the Court of the concerned Magistrate in connection with a private
complaint filed by him. Two persons approached the accused. One of
those persons confronted the accused as to why the summons was not
issued. At about 5.20 pm after the Presiding Officer retired to his
Chamber, when the first informant perused the record of his case, the
first informant appeared to be in an excited state. The accused assured
the first informant that he would prepare the warrant on Monday. While
ARS 8/18
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the accused was keeping the file of the first informant back in the
cupboard, the first informant thrusted some currency notes into the
pocket of the shirt of the accused. A raiding party came and the accused
was apprehended.
13.In the backdrop of the aforesaid evidence, the following facts
appear to be rather incontrovertible. First, the capacity of the accused as
tthe public servant. Second, the presence of the accused and the first
informant at the time of the alleged occurrence. Third, the recovery of
the tainted currency notes from the possession of the accused. The
controversy revolves around the question whether the accused had
demanded and accepted the money by way of gratification other than
legal remuneration. Was it a case of the acceptance and demand or that
of thrusting of the tainted currency notes as deposed to by Madhukar
Bakare (DW-1).
14.For an answer, the recourse to the manner in which the witnesses
fared in the cross-examination assumes significance. Mr. Tulshidas
Pawar (PW-3), the Investigating Officer, conceded in the cross-
examination that on 26
th
September 1997, the first informant had come
to the office of the Anti-Corruption Bureau at about 10.00 to 10.30 am.
He had taken the first informant to the Chamber of the Superintendent
of Police. Mr. Tulshidas Pawar (PW-3) was candid enough to concede
that, before arranging the trap, he had not verified the demand of bribe
ARS 9/18
-APEAL-1115-2003.DOC
by the accused. He went on to concede that as soon as he nabbed the
accused, the latter told him that he had not accepted any amount nor
committed any mischief.
15.The aforesaid admissions, especially as regards the time of visit of
the first informant to the office of the Anti-Corruption Bureau to file the
complaint, are of critical salience. The first informant wants the Court
to believe that the alleged demand was made for the first time at 2.30
pm on 26
th
September 1997. He immediately rushed to the office of the
Anti-Corruption Bureau and filed the complaint. In contrast, Mr.
Tulshidas Pawar (PW-3) categorically deposed that the first informant
came to the office of Anti-Corruption Bureau at about 10.00 to 10.30
am on 26
th
September 1997 and the complaint was filed. This
discrepancy in the time of reporting the matter to the Anti-Corruption
Bureau, in the peculiar facts of the case, cannot be brushed aside as a
trivial difference of time in regard to the occurrence in the testimony of
two witnesses.
16.It is imperative to note that the raid was conducted on the very
day on which the first informant lodged the complaint, nay, under a
couple of hours of the lodging of the complaint, if the version of the first
informant is to be believed. If the demand was made at 2.30 pm on 26
th
September 1997, then the first informant could not have lodged the
complaint about the unlawful demand at 10.00 am on 26
th
September
ARS 10/18
-APEAL-1115-2003.DOC
1997. Conversely, if the version of the first informant is given primacy,
then the very conduct of the raid, within two hours of filing of the
complaint, renders the entire trap process suspect.
17.The Court cannot lose sight of the fact that the first informant
deposed that he approached the office of the Anti-Corruption Bureau
after the demand was made at 2.30 pm, and the raiding party allegedly
left the office of the Anti-Corruption Bureau for the trap at 4.30 pm,
under less than two hours. The prosecution wants the Court to believe
that under less than two hours time, the complaint was reduced to
writing; the panch witnesses, who happened to be public servants, were
summoned; the complaint was verified by the panch witnesses, pre-trap
formalities were completed and by 4.30 pm the raiding party left the
office of the Anti-Corruption Bureau.
18.If the aforesaid sequence of events is considered, the prosecution
version is improbalised by the tasks allegedly completed within the
window period of hardly two hours. If the complaint was filed after
2.30 pm, some amount of time must have been consumed requisitioning
the services of the public servants as panch witnesses. Mr. Rajendra
Dabhade (PW-2) informs the Court that he and Mr. Vijay Sadanapure,
another panch, had left their office upon being called and reached the
office of the Anti-Corruption Bureau at 3.00 pm on 26
th
September
1997. The complaint was thereafter verified.
ARS 11/18
-APEAL-1115-2003.DOC
19.It appears to be utterly improbable that under a couple of
minutes of the filing of the compliant, the panch witnesses would reach
the office of the Anti-Corruption Bureau at 3.00 pm. Thus, the clear and
categorical admissions of Mr. Tulshidas Pawar (PW-3) that the first
informant had approached the office of the Anti-Corruption Bureau on
the morning of 26
th
September 1997, in the circumstances of the case,
appears more nearer to the truth. However, by that time, on the own
showing of the first informant, there was no demand of bribe by the
accused.
20.Secondly, on the aspect of the verification of the demand, there is
not an iota of evidence. The admission that there was no independent
verification of the demand erodes the veracity of the prosecution case.
In the absence of proof of demand, which is a
sine qua non for the
constitution of the offence, the charge of acceptance of illegal
gratification, punishable under Section 7 of the P.C. Act, 1988, cannot
be sustained. The endeavour of the prosecution to sustain the charge
against the accused on the strength of the testimony of Dr. Chikhalikar
(PW-1), the first informant, and Mr. Rajendra Dabhade (PW-2), the
panch witness, is also not free from infirmities.
21.According to Dr. Chikhalikar (PW-1), the accused told him to
come on Monday and he would do the work of the first informant and
simultaneously the first informant told the accused that he should do
ARS 12/18
-APEAL-1115-2003.DOC
the work of the accused then and there. In contrast, Mr. Rajendra
Dabhade (PW-2) informed the Court that, the accused stated in specific
terms that he would do the work of the first informant if the first
informant paid the amount as was demanded by the accused. There is a
material variance in the version of the first informant and Mr. Rajendra
Dabhade (PW-2) as regards the alleged demand made by the accused.
22.If viewed in the backdrop of a critical infirmities, in the
prosecution case as regards the time of filing of the complaint and the
completion of all the formalities, right from the filing of the complaint
to its verification, to requesting the public servants, to completion of
pre-trap formalities, it would be rather hazardous to place implicit
reliance on such contradictory testimony of Dr. Chikhalikar (PW-1) and
Mr. Rajendra Dabhade (PW-2) to sustain the alleged demand of illegal
gratification, especially in the absence of verification of the demand.
23.It is well neigh settled that mere proof of acceptance and recovery
of tainted currency notes is not sufficient to bring home the charge
under Section 7 of the P.C. Act, 1988. On the mere proof of the tainted
currency notes having changed the hands, it cannot be presumed that
the money was accepted pursuant to a demand of illegal gratification.
The entire chain of demand, acceptance and recovery has to be
complete. If there is no proof of initial demand, the proof of two other
components, namely, acceptance and recovery of tainted currency notes,
ARS 13/18
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which in a given case may form part of one and the same act, would not
be sufficient.
24.A useful reference in this context can be made to the judgment of
the Supreme Court in the case of State of Maharashtra Vs Dnyaneshwar
Laxman Rao Wankhede,
1
wherein it was enunciated as under:
“16. Indisputably, the demand of illegal gratification is a sine qua
non for constitution of an offence under the provisions of the Act.
For arriving at the conclusion as to whether all the ingredients of an
offence, viz., demand, acceptance and recovery of the amount of
illegal gratification have been satisfied or not, the court must take
into consideration the facts and circumstances brought on the
record in their entirety. For the said purpose, indisputably, the
presumptive evidence, as is laid down in Section 20 of the Act, must
also be taken into consideration but then in respect thereof, it is
trite, the standard of burden of proof on the accused vis-a-vis the
standard of burden of proof on the prosecution would differ. Before,
however, the accused is called upon to explain as to how the
amount in question was found in his possession, the foundational
facts must be established by the prosecution. Even while invoking
the provisions of Section 20 of the Act, the court is required to
consider the explanation offered by the accused, if any, only on the
touchstone of preponderance of probability and not on the
touchstone of proof beyond all reasonable doubt.”
25.This well-settled legal position was reiterated by the Supreme
Court in a recent pronouncement in the case of P Somaraju Vs State of
Andhra Pradesh.
2
The Supreme Court observed as under:
1 (2009) 15 sCC 200.
2 AIR 2025 SC 5313.
ARS 14/18
-APEAL-1115-2003.DOC
“18. The statutory presumption under Section 20 of the PC Act
is not automatic and arises only once the foundational facts of
demand and acceptance are proved. The same has been reiterated
time and again by this Court; in the recent decision of Rajesh
Gupta Vs State through Central Bureau of Investigation, (2022
INSC 359) it was held:
“17. For an offence under Section 7 of PC Act, the
demand of illegal gratification is a sine qua non to
prove the guilt. Mere recovery of currency notes cannot
constitute an offence under Section 7 of PC Act, unless
it is proved beyond reasonable doubt that accused
voluntarily accepted the money, knowing it to be a
bribe. The proof of acceptance of illegal gratification
can follow only if there is proof of demand.”
19. It is therefore vital to examine these elements before the
circumstance of recovery can assume any significance. We once
again rely on the observation of this Court in Rajesh Gupta
(supra):
“16. ….The law is well-settled by the judgments of this
Court in Panna Damodar Rathi vs. State of Maharashtra
(1979) 4 SCC 526 and Ayyasami vs. State of Tamil
Nadu (1992) 1 SCC 304, whereby it has been clarified
that the sole testimony of the complainant, who is the
interested witness, cannot be relied upon without
having corroboration with the independent evidence.”
26. In a case of the present nature, where the inconsistencies in the
prosecution case and the improbabilities of the prosecution version
stare in the face, the prosecution cannot draw mileage from the
presumption contained in Section 20 of the P.C. Act, 1988, as it then
ARS 15/18
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stood. It is trite, where the demand has not been proved, Section 20 will
have no application. (Union of India Through Inspector CBI Vs
Purnandu Biswas,
3
T Subramanian Vs State of T. N.
4
and Om Prakash Vs
State of Haryana.
5
27. At this juncture, it is necessary to note that the accused has
offered a version which compets in probability. Mr. Tulshidas Pawar
(PW-3) conceded in the cross-examination that the accused has
instantaneously offered the explanation that he had not accepted the
money and committed no mischief. The testimony of Mr. Madhukar
Bakare (DW-1) that the first informant thrusted the currency notes in
the pocket of the accused, could not be impeached during the course of
cross-examination. Nothing material could be elicited in the cross-
examination of Mr. Madhukar Bakare (DW-1) to discredit his version.
28.In the aforesaid view of the matter, the learned Special Judge
committed an error in convicting the accused by offering a gratuitous
explanation regarding the conduct of the first informant. The visit of the
first informant to the office of the Anti-Corruption Bureau on the
morning of 26
th
September 1997 was sought to be downplayed by
observing that the first informant might have thought that the accused
was expecting some gratification from the first informant and,
3 (2005) 12 SCC 576.
4 (2006) 1 SCC 401.
5 (2006) 2 SCC 250.
ARS 16/18
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therefore, he might have visited the Anti-Corruption Bureau office in
the morning just to seek advice. Clearly, the learned Special Judge
misdirected himself in ignoring the material contradiction and its effect
on the probabilities of the case. Likewise, the discrepancy in the version
of the first informant and Mr. Rajendra Dabhade (PW-2) on the crucial
aspect of the demand of illegal gratification was brushed aside by a
casual observation that, such contradictions were quite natural.
29.To conclude, the learned Special Judge committed a grave error
in arriving at the finding of guilt of the accused on assumptions,
surmises and conjectures sans legal evidence. Resultantly, the impugned
judgment of conviction cannot be sustained.
30.The conspectus of the aforesaid consideration is that, the Appeal
deserves to be allowed.
31.Hence, the following order:
: O R D E R :
(i) The Appeal stands allowed.
(ii) The impugned judgment and order dated
19
th
August 2003 stand quashed and set aside.
(iii) The Appellant-accused stands acquitted
of the offences punishable under Sections 7
and 13(1)(d) read with Section 13(2) of the
P.C. Act, 1988.
ARS 17/18
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(iv) The amount of fine deposited by the
Appellant be refunded to the Appellant.
(v) The bail bond stands cancelled and the
surety stands discharged.
(vi) R & P be sent back to the Court of the
Special Judge.
[N. J. JAMADAR, J.]
ARS 18/18
In a significant ruling concerning the **Prevention of Corruption Act, 1988**, the Bombay High Court recently delivered a crucial judgment in Criminal Appeal No. 1115 of 2003, emphasizing the strict requirements for proving **demand of illegal gratification**. This detailed case analysis is now available on CaseOn, offering legal professionals and students alike an in-depth look at its implications. The appellate court meticulously examined the evidence, ultimately quashing the conviction that had been upheld by the Special Judge, Pune, highlighting critical flaws in the prosecution's case regarding the demand and acceptance of a bribe.
The case involved Shailendra Manikrao Bakare, a Bench Clerk, who was accused of demanding and accepting a bribe of Rs. 500/- for processing a bailable warrant in a defamation case. The first informant, Dr. Hemant Chikhalikar, initiated the complaint with the Anti-Corruption Bureau (ACB) after allegedly being asked for the bribe. A trap was laid on September 26, 1997, leading to the recovery of tainted currency notes from the accused's shirt pocket. The Special Judge, Pune, had convicted Bakare under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, sentencing him to rigorous imprisonment and a fine.
Can an accused be convicted under the Prevention of Corruption Act, 1988, based solely on the recovery of tainted currency notes, when there are significant inconsistencies in the prosecution's evidence regarding the initial demand and a lack of independent verification of that demand?
The core legal principles governing this case are derived from the Prevention of Corruption Act, 1988, specifically Sections 7 and 13. Section 7 penalizes a public servant for accepting gratification other than legal remuneration as a motive or reward. Section 13(1)(d) deals with a public servant obtaining any valuable thing or pecuniary advantage by corrupt or illegal means or by abusing their position. Section 20 of the Act provides for a statutory presumption that if a public servant accepts any gratification, it shall be presumed that they did so as a motive or reward for doing an official act. However, this presumption is not automatic and arises only once the foundational facts of demand and acceptance are proven.
Crucially, as established by the Supreme Court in cases like *State of Maharashtra Vs Dnyaneshwar Laxman Rao Wankhede* (2009) and *P Somaraju Vs State of Andhra Pradesh* (2025), the demand of illegal gratification is a *sine qua non* (an essential condition) for an offence punishable under Section 7 of the P.C. Act, 1988. Mere recovery of currency notes is insufficient to prove guilt unless it's established beyond reasonable doubt that the accused voluntarily accepted the money knowing it to be a bribe. Independent corroboration of the complainant's testimony, especially regarding the demand, is often necessary given that the complainant is an interested witness.
The Bombay High Court meticulously analyzed the evidence presented by the prosecution and the defense, finding several critical infirmities in the prosecution's case:
The most significant discrepancy arose concerning the timing of the complaint. The first informant (PW-1) claimed the demand was made at 2:30 PM on September 26, 1997, after which he immediately rushed to the ACB office. However, the Investigating Officer (PW-3) categorically stated that the first informant visited the ACB office between 10:00 AM and 10:30 AM on the same day. This fundamental contradiction made the entire trap process suspect, as it would be improbable for a demand made at 2:30 PM to be reported and for pre-trap formalities, including summoning panch witnesses and verifying the complaint, to be completed, and the raiding party to depart by 4:30 PM.
The Investigating Officer (PW-3) conceded that he had not verified the demand for the bribe before arranging the trap. This omission is crucial because, as per legal precedents, independent verification of the demand is vital for bolstering the prosecution's case. The absence of such verification severely eroded the veracity of the demand alleged by the first informant.
The testimony of the first informant (PW-1) and the panch witness (PW-2) regarding the actual transaction also varied. While PW-1 stated that the accused assured him the work would be done on Monday and simultaneously, the informant told the accused to do the work then and there (implying an exchange), PW-2 claimed the accused stated he would do the work *if* the demanded amount was paid. This material variance further weakened the credibility of the prosecution's narrative concerning the alleged demand and acceptance.
As legal professionals, staying updated with such rulings is paramount. CaseOn.in offers concise 2-minute audio briefs that provide a quick yet comprehensive overview of these specific judgments, enabling you to grasp their nuances and implications efficiently.
The defense presented a witness, Madhukar Bakare (DW-1), who testified that the first informant thrusted the currency notes into the accused's pocket while the accused was keeping the file back. This defense version, supported by the Investigating Officer's admission that the accused immediately denied accepting money and committing mischief, competed in probability with the prosecution's claims. The cross-examination of DW-1 failed to discredit his version.
The High Court found that the learned Special Judge erred by downplaying these material contradictions and inconsistencies, dismissing them as trivial or offering gratuitous explanations for the first informant's conduct (e.g., visiting the ACB for advice in the morning). This amounted to basing the conviction on assumptions rather than concrete legal evidence.
The Bombay High Court concluded that the prosecution failed to establish the foundational fact of demand, which is a *sine qua non* for an offence under Section 7 of the Prevention of Corruption Act, 1988. Given the insurmountable infirmities, including contradictory testimonies, lack of demand verification, and improbable timelines, the statutory presumption under Section 20 could not be invoked. The appeal was allowed, and the impugned judgment of conviction was quashed, leading to the acquittal of Shailendra Manikrao Bakare. The fine amount deposited by the Appellant was ordered to be refunded, and the bail bond cancelled.
The original court judgment details the appeal of Shailendra Manikrao Bakare against his conviction under the Prevention of Corruption Act, 1988. The prosecution's case revolved around a trap where Bakare, a Bench Clerk, allegedly demanded and accepted Rs. 500/- to issue a bailable warrant. The High Court, after reviewing testimonies of the first informant (PW-1), panch witness (PW-2), investigating officer (PW-3), and defense witness (DW-1), identified severe inconsistencies in the timeline of events, particularly regarding when the complaint was filed and when the alleged demand occurred. Crucially, the absence of independent verification of the bribe demand and contradictions between key prosecution witnesses led the court to conclude that the prosecution failed to prove the 'demand'—a prerequisite for conviction under the Act. The judgment highlights that mere recovery of tainted currency notes is insufficient without establishing prior demand and voluntary acceptance. Consequently, the conviction was quashed, and the accused was acquitted.
This judgment serves as a vital reminder of the burden of proof resting on the prosecution in cases under the Prevention of Corruption Act, 1988. For lawyers, it underscores the critical importance of scrutinizing the pre-trap formalities, the verification of demand, and the consistency of witness testimonies. It reinforces that even with the recovery of tainted currency, if the 'demand' is not proven beyond reasonable doubt, the entire prosecution case can falter. Defense lawyers can draw valuable insights into challenging the prosecution's narrative by highlighting discrepancies and the lack of independent corroboration, especially when a defense of 'thrusting' is presented.
For law students, this case is an excellent illustration of the application of the IRAC method in real-world legal analysis. It clarifies the legal principle that demand is the *sine qua non* for an offence under Section 7 of the PC Act and demonstrates how inconsistencies in evidence, particularly regarding timing and lack of verification, can render a conviction unsustainable. It also provides a practical understanding of how courts evaluate the reliability of interested witnesses (like the complainant) and the implications of the statutory presumption under Section 20 of the Act.
All information provided in this analysis is for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, readers should consult with a qualified legal professional for advice on any specific legal matter. Reliance on the information provided herein is at your own risk. The views expressed are interpretations of the judgment and not exhaustive legal opinions.
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