S.7 & 13(2)--Illegal gratification--Acquittal--Material discrepancy in testimony of PW8 (DSP vigilance) and PW9 (Official independent witness) regarding recovery of tainted money from appellant--PW8 categorically deposed that one currency note of Rs.500/- and three currency notes of denomination of Rs.100/- each and fourteen currency notes of denomination of Rs.50/- each were recovered from pocket of shirt of appellant--However, PW-9 deposed that all currency notes which were recovered from pocket of shirt of appellant were of denomination of Rs.500/- each--PW-9 is witness who had tallied number of currency notes with numbers already noted down in a memo--In these circumstances this discrepancy cannot be treated a minor discrepancy but is a major discrepancy which makes prosecution story doubtful especially when complainant and shadow witness have not supported prosecution case--Accused liable to be acquitted.; Ramesh Chander v. State of Punjab, ; 2010(1) Law Herald (P&H) 779
S.7 & 13(2)--Illegal gratification--Acquittal--Tempering with nip parcels--Solutions of hand wash and shirt pocket wash of appellant were put in sealed nips--As per PW-8 he had handed over said nips to MHC on date of recovery--PW-3, constable disposed that on 22.9.1997 he had been handed over two nips in question by MHC for depositing same in FSL--However, MHC in whose custody nips had remained from 11.9.1997 to 22.9.1997 had not been examined--In these circumstances, link evidence was missing and there was every possibility of tempering with nip parcels during this period--Absence of link evidence in facts and circumstances of case gains significance as complainant and shadow witnesses have not supported prosecution case--Accused liable to be acquitted of charge framed against him as prosecution had failed to prove its case against appellant beyond shadow of reasonable doubt.; Ramesh Chander v. State of Punjab, ; 2010(1) Law Herald (P&H) 779
