Does payment of money to a public servant, made only after the official act (such as issuance of a certificate) has already been completed, by itself establish that the payment was made pursuant to a demand for bribe?

No. Where the amount was given after the Income Certificate for which the bribe was allegedly demanded had already been prepared and handed over to the complainant, it cannot, ipso facto, be assumed that such payment was pursuant to a demand made.

Prevention of Corruption Act, 1988 — Sections 7, 12, 13(1)(d), 19(1)(c), 20 — demand and acceptance of bribe — sanction for prosecution — presumption under Section 20 — prior proof of demand — Held: The statutory presumption under Section 20 of the Act of 1988 comes into play only after the initial demand is proved by the prosecution beyond reasonable doubt; mere recovery of the amount, without proof of demand, does not resurrect the prosecution's case. (¶15) sanction under Section 19(1)(c) — authority competent to remove — Held further: Sanction for prosecution under Section 19(1)(c) of the Act of 1988 must be granted by the authority competent to remove the public servant from office, not merely the authority that appointed him; an invalid sanction, however, does not by itself require a conviction to be set aside. (¶17) payment after completion of official act — no automatic inference of demand — Held further: Where money is handed over only after the official act for which a bribe was allegedly demanded has already been completed, it cannot, ipso facto, be assumed that the payment was pursuant to a demand. (¶16) conviction set aside — appellants acquitted — Held further: Finding the prosecution's evidence insufficient to prove demand beyond reasonable doubt, the Court set aside the conviction and acquitted the appellants. (¶19)

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