The Supreme Court, in P Somaraju v The State Of Andhra Pradesh [2025 INSC 1263], reiterated that mere recovery of currency notes, without proof of demand and voluntary acceptance, is insufficient for conviction.
The Supreme Court relied on the precent in Rajesh Gupta v. State Thru Central Bureau of Investigation[2022 INSC 359]. In the judgement the Supreme Court observed that for an offence under Section 7 of Prevention of Corruption Act, 1988, the demand of illegal gratification is a sine qua non to prove the guilt. Mere recovery of currency notes cannot constitute an offence under Section 7 of PC Act, unless it is proved.
