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Admission and acceptance of bribe is ‘sine qua non’ for constituting offence under POC act

In a recent Case, Gujarat High Court has held that admission and acceptance of bribe is sine qua non for constituting offence under the Prevention of Corruption Act. The Court was hearing an Appeal filed by accused, Assistant Registrar in the office of the Registrar of Companies who was convicted by the Special Judge and was awarded sentence of one year simple imprisonment with a fine of Rs 2000/- and in default of payment of the fine, to undergo further simple imprisonment of 3 months for committing offence under section 7 of the Prevention of Corruption Act, 1988 with further sentence under section 13(2) of the Act for two years rigorous imprisonment and a fine of Rs 4000/- and in default of payment of such fine to undergo simple imprisonment for three months. Setting aside the conviction Justice S.G.Shah has held as follows; “in such cases for confirming conviction, all 3 actions are must and shall be proved by prosecution beyond reasonable doubt viz; (i) Prior demand (ii) Demand at...