State of Maharashtra vs. Dnyaneshwar Laxman Rao Wankhede [(2009) 15 SCC 200]

Essentials to prove in illegal gratification cases

16. Indisputably, the demand of illegal gratification is a sine qua non for constitution of an offence under the provisions of the Act. For arriving at the conclusion as to whether all the ingredients of an offence viz. demand, acceptance and recovery of the amount of illegal gratification have been satisfied or not, the court must take into consideration the facts and circumstances brought on the record in their entirety.

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