‘Demand’ must be proved for graft conviction: HC ‘Mere Recovery Of Tainted Cash Not Enough’
Partha.Behera@timesofindia.com
21.09.2026
Raipur: Chhattisgarh HC has held that mere recovery of “tainted currency” from an accused cannot sustain a conviction under Prevention of Corruption Act unless the prosecution proves the demand for a bribe beyond reasonable doubt.
Justice Naresh Kumar Chandravanshi, hearing an appeal by an accountant in the office of the Surajpur district education officer on Sept 18, observed that the prosecution had failed to establish the foundational requirement of demand and acceptance of bribe.
The court also found serious deficiencies in the electronic evidence relied upon to establish the alleged demand. The HC set aside the March 2017 judgement of the special judge, Prevention of Corruption Act, Surajpur, and acquitted the accountant of the bribery charges.
According to the prosecution, the accountant had demanded Rs 15,000 from the president of Maa Saraswati Shiksha Samiti for the recognition of a school run by the society. The alleged demand was reduced to Rs 8,000. Following a complaint to Anti-Corruption Bureau, a trap was laid at the DEO’s office in Surajpur on June 30, 2014. The prosecution said the accountant accepted Rs 8,000 in tainted currency, and was apprehended.
The amount was recovered from his pocket and chemical tests indicated handling of the currency. However, during the trial, the complainant stated that the accountant had never demanded a bribe from him. A witness said the complainant had forcibly put the money into the accountant’s pocket. HC noted none of the witnesses supported the crucial question of the demand for a bribe.
The court also said the investigating officer had admitted no certificate under Section 65-B of Indian Evidence Act had been obtained for the electronic recording. No voice sample was taken and no forensic examination was conducted to establish that the voice in the recording belonged to the accountant.
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