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Saturday, March 20, 2010

Merely because amount was placed in drawer of appellant does not mean that same was demanded and accepted by appellant

2010(1) LAW HERALD (P&H) 101
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Mahesh Grover
Crl.Appeal No. 418-SB of 1997
Harbans Singh (since deceased) through L.Rs.
v.
State of Punjab
{Decided on 21/12/2009}
For the Appellant: Mrs. Baljit Mann, Advocate.
For the Respondent: Mr. Gaurav Garg Dhuriwala, Assistant Advocate General.
IMPORTANT POINT
Bribe--Merely because amount was placed in drawer of appellant does not mean that same was demanded and accepted.
Prevention of Corruption Act, 1988, S.13(2) r/w S.7--Demand of Bribe--Whether proved--Merely because amount was placed in drawer of appellant does not mean that same was demanded and accepted by appellant--No independent witness examined--There are serious discrepancies in statement of complainant who himself has been involved as a witness in various cases--Discrepancies in statement of shadow witness who stated that recovery was not affected in his presence--Held, that prosecution failed to establish demand and acceptance of bribe by appellant--Case against appellant not proved beyond reasonable doubt--Conviction and sentence of appellant set aside--Appellant acquitted of charge. (P.20)

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