Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the High Court was justified in setting aside the conviction under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, despite the recovery of the bribe amount and corroborative trap evidence.
Analysis: The prosecution evidence established the demand and acceptance of illegal gratification through the complainant and two independent witnesses. The recovery of the tainted currency notes from the respondent's pocket, the positive phenolphthalein test, and the supporting documentary and oral evidence formed a consistent chain of circumstances. The reasons given by the High Court for disbelieving the prosecution version were found to be untenable, and the trial court's appreciation of the evidence was held to be well founded.
Conclusion: The conviction recorded by the Special Judge under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 was restored and the High Court's order of acquittal was set aside, in favour of the appellant.
Ratio Decidendi: In a trap prosecution under the Prevention of Corruption Act, 1988, recovery of tainted money coupled with corroborative oral, scientific, and documentary evidence is sufficient to sustain conviction for demand and acceptance of illegal gratification, and an appellate court should not interfere on unsustainable conjectures.