Law: Prevention of Corruption Act (II of 1947)

Section: 5, 4(1)

(a) Prevention of Corruption Act (II of 1947), S. 5---Bribe-giver, evidence of-Not to be relied ordinarily without corrobo ration-Case resting mainly on oral evidence of bribe-giver---Bribe-giver deposing that money passed by him to accused was partly for Government dues and partly for illegal gratification ---Statement of accused and record, however, indicating total money to have been received on account of Government revenue -Case against accused, in circumstances, held, doubtful. Emperor v. Anwar Ali A I R 1948 Lah. 27 ; Osimuddin v. The State P L D 1961 Dacca 798 and Noor Muhammad v. The State P L D 1963 S C 38 rel. (b) Prevention of Corruption Act (II of 1947), S. 4(1)---Pre sumption---Presumption of guilt not to be taken merely on basis of money having passed into accused's possession--Proof of contrary need not necessarily be by evidence but may be furnished by state ment of accused or by circumstances of case. It would be an outrage on common sense and reason to infer that under section 4 of the Prevention of Corruption Act, 1947 the presumption has itself been displaced and that the offence of bribery must be held to be established the moment money is passed into the possession of the accused without further proof that it was accepted as an illegal gratification. When the law raises a presumption against the accused and calls upon him to prove the contrary, it is well settled that the contrary can be said to be proved if the accused succeeds in establishing that the at attributed to him is capable of an interpretation other than that suggested by the prosecution. The proof of the contrary need not necessarily be by evidence, oral or documentary ; but it may be furnished by the statement of the accused himself or by the circumstances of the case. Rex v. Carr Bariant (1943) 1 K B 607 ; Mir Ahmad v. The State P L D 1962 S C 489 ; Lt. Hector Huntley v. Emperor (1944) F C R 262=A I R 1944 F C 66 ; Ikramuddin v. The State P L D 1958 Kar. 21 ; Rex v. Schana (1915) 84 L J K B 39 and Dr. Woolmington v. Director of Public Prosecutions (1935) A C 462 rel. Date of hearing : 13th April 1970.   JUDGMENT Appellant Sultan Ali son of Wali Dad has been…