Proof of Demand and Acceptance of illegal gratification by a public servant is the sine qua non (Essential Condition) to establish the guilt of the Public Servant under Sections 7 and 13 of the Prevention of Corruption Act Prosecution will have to show direct or primary evidence of demand of illegal gratification and subsequent acceptance.  … Continue reading Mere recovery of the amount from the person accused (public servant) of the offence under Section 7 or 13 of the PC Act would not entail his conviction thereunder