Banarsi Dass vs State Of Haryana on 5 April, 2010
[17] In the latest decision of the Supreme Court in the
case of Banarsi Das Vs. State of Haryana, reported in
AIR 2010 SC 1589, the Hon'ble Supreme Court has
observed that mere proof of recovery of bribe money from
accused is not sufficient to prove the offence. In that view
of the matter, I am of the opinion that so far as offence of
bribery is concerned, the demand and acceptance of
money is required to be proved beyond reasonable doubt
and mere recovery of bribe money from accused is not
sufficient to prove the offence and to hold the person
guilty. Presumption cannot be raised when demand is not
proved in this case. Therefore, in absence of any evidence
regarding the demand, mere alleged recovery is not
sufficient to convict the present respondent accused. The
ratio laid down in aforesaid decision is squarely applicable
to the facts of the present case because in the case on
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R/CR.A/2490/2009 JUDGMENT
hand, the demand is not proved and the complainant had
not stated about the demand made by the accused and,
therefore, mere alleged recovery is not sufficient to prove
the case against the respondents-accused. Even the
recovery is also not proved as per law.