CHATURDAS BHAGWANDAS PATEL. vs THE STATE OF GUJARAT

The Supreme Court upheld the conviction of the appellant under Section 161 IPC and Section 5(2) of the Prevention of Corruption Act, 1947, despite the acquittal of the co-accused Sub-Inspector. The Court found that the testimony of PW 1 was corroborated by independent evidence, and the defense's claim that PW 4 paid the bribe was disproven. The Court clarified that the absence of a complaint against PW 1 did not negate the appellant's demand for gratification, as Section 161 IPC does not require the public servant to be in a position to perform an official act at the time of the bribe's acceptance.