Supreme Court Acquits in Corruption Case Where Demand of Bribe Was Not Proved Beyond Reasonable Doubt

Case Snapshot

• Case Name: Rafikmiya Ahmedmiya Malek v. State of Gujarat

• Citation: 2026 INSC 890

• Bench: Justice Ujjal Bhuyan and Justice Atul S. Chandurkar

• Date of Judgment: August 19, 2026

• Area of Law: Criminal Law, Prevention of Corruption Act, Evidence Law

The Judgment in One Line

Acquittal in corruption case as prosecution failed to prove demand of bribe beyond reasonable doubt despite recovery.

Why This Judgment Matters

This judgment is a significant reaffirmation of the principle that in corruption cases, demand of bribe is a sine qua non for establishing guilt under the Prevention of Corruption Act, 1988. The Supreme Court has held that mere recovery of the bribe amount is insufficient; the prosecution must first prove the demand beyond reasonable doubt. The judgment also clarifies that the presumption under Section 20 of the PC Act arises only after the initial demand is proved. Additionally, it emphasizes the importance of credible sanction orders for prosecution. This decision will guide trial courts in corruption cases to scrutinize evidence of demand carefully before drawing presumptions against the accused.

Background

The complainant approached a Talati-cum-Mantri (A1) on February 7, 1996, to obtain an Income Certificate. A1 allegedly demanded Rs. 120/-—Rs. 100/- for himself and Rs. 20/- for the Peon (A2). The complainant lodged a complaint with the Anti-Corruption Bureau. On February 19, 1996, a trap was laid. After receiving the certificate, the complainant gave a Rs. 20/- note t

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