demand of bribe of Rs.
8000/ prior to trap of the accused, during trap and acceptance, and recovery of of
bribe amount from the accused ... present case is the factum of
demand of bribe, acceptance of bribe and recovery of bribe amount from the
accused.
Admissibility of pre trap conversation
that appellant demanded and accepted
bribe amount for said purpose. Rather
he stated that amount was in lieu of
amount which appellant had borrowed
from ... amount which was accepted by both the
accused and recovered from accused No.2 was bribe
amount. When the acceptance of bribe amount of
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three necessary
ingredients, i.e., demand of bribe, acceptance/recovery of bribe
amount and motive on the part of Appellant No. 2. However,
ignoring this ... accepting remaining amount of bribe of Rs. 3,000/-
from the complainant and admittedly, the alleged recovery of the
bribe amount is not from Appellant
Raghav, Qua verification proceedings, pre-trap
independent witness proceedings, recovery proceedings,
recovery of bribe amount in his presence
and preparation of transcriptions of
conversations contained ... Mudit Singhal, Qua pre-trap proceedings, recovery
independent witness proceedings, recovery of bribe amount by
him from the dashboard of i10 car of
accused
that prosecution has been able
to prove demand, acceptance and recovery of bribe amount from the
accused. He has argued further that the oral testimonies ... argued that once the acceptance by the accused and the
recovery of bribe amount has been proved, Sec. 20 of the PC Act would
statement that accused accepted and demanded
the bribe amount and after counting the bribe amount with his both the
hands had kept the same ... witness that accused categorically demanded the bribe amount and
accepted the bribe amount and thereafter counted the bribe amount with
his both hands and then
bribe amount from the possession of the
accused. As per the case of the prosecution PW
5 I A Siddiqui had recovered the bribe amount ... evidence of demand
and acceptance of bribe by the accused and
the evidence of recovery of the bribe amount
from the room adjoining
bribe by the accused and
secondly, whether the evidence shows the accused
having accepted the bribe amount and thirdly, whether
the bribe amount was recovered ... deposed in
detail about the accused demanding the bribe amount
and then the amount being given by the complainant
and the accused receiving the same
acceptance of the bribe amount shaky.
Page 1074
24. The recovery of bribe amount from the appellant if is found trustworthy and reliable, then reasonable ... learned trial Judge has mainly focused on the evidence of recovery of bribe amount from the appellant; and the hands and shirt of the appellant
source information and the bribe giver is
also accused in the case. The recovery of the bribe amount, during trap from
the accused public servant ... bribe giver and had handed over the bribe amount to Sudhir Khera (A-
2), who was caught during the trap while delivering the bribe amount
