17. That this appellant-accused was asking for bribe to see-art an employment to P.W. 2 it makes no difference whether the public servant was in a position to appoint him or not. Crown v. Phul Singh A.I.R. 1941 Lah 276, Mahadeo Daunappa v. State ; Indur Dayaldas v. State of Bombay and Ram Sewak v. Emperor 48 Cri LJ 467 : A.I.R. 1948 All 17. The bribe was given is spoken to not only by P.W. 2 but also by the Inspector P.W. 7, the Karnam P.W. 3 and the B.A. B.T. Assistant P.W. 4.
276; Mahadeo Dannappa v. State ; Indur Dayaldas v. State of Bombay ; Satya Vir v. State , the bribe was given is spoken to not only by P.W. 2 but also by the Inspector P.W. 7, the Karnam P.W. 3 and the B.A., B.T. Assistant, P.W. 4. The accused himself does not deny that he was caught with M.Os. 1 to 10 after obtaining Ram Krishnan bribe. In fact he wanted to make out that it was the repayment of a loan. Now, in view of Section 4(1) of the Prevention of Corruption Act (Central Act II of 1947) a presumption at once arises that accused accepted the gratification as a motive or reward. The Legislature has by the words ' shall presume ' used in Section 4(1) of the Act, made it obligatory on the Court to raise a presumption in every case brought under the Prevention of Corruption Act that the accused received or accepted the money as an illegal gratification unless he rebutted the same.