AIROnline 2025 SC 741

Supreme Court Of India

(From : Madras)*

Hon'ble Judge(s): Pankaj Mithal, Prasanna B. Varale , JJ

(A) Prevention of Corruption Act (49 of 1988) , S.7, S.13(1)(d), S.13(2)— Illegal gratification - Demand and acceptance - Proof - A village assistant had accepted money on directions of Village Administrative Officer and kept same with him - There was no demand of illegal gratification on the part of co-accused village assistant - There was no evidence to show that co-accused was working in aid with accused - Demand made by accused could not be attributed to co-accused - In the absence of any allegation or evidence that co-accused demanded bribe from complainant or he was acting in connivance with accused, he could not be prosecuted for offence of demanding and receiving illegal gratification - In absence of charge of abetment and proof of connivance between accused and co-accused, conviction of co-accused was erroneous. CRLAMD No. 361 of 2011, D/- 05.12.2018(Mad)-Partly ReversedAIR 2023 SC 330-Relied on (Para 15 16) (B) Prevention of Corruption Act (49 of 1988) , S.7, S.13(1)(d), S.13(2)— Illegal gratification - Demand and acceptance - Proof - Accused was serving as Village Administrative Officer and co-accused was working as a Village Assistant in same office - Evidence on record proved that accused had demande....