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Head Note

Prevention of Corruption Act,1988  - Section 7 , Section 13 (2)

Bribery - Conviction - Sustainability - Appellant accused allegedly demanded bribe of Rs. 5000/- to cancel the demarcation report - Accused was charged for offence punishable u/ss. 7, 13(2) of the Act - Trial Court acquitted accused - Appeal before HC by State - Appeal was allowed - Held, facts remained that accused had no relationship or acquaintance with complainant whatsoever and accused failed to furnish any explanation about his visit and staying in house of complainant - Accused did not deny visit to house of complainant and did not furnish any explanation in respect of recovery of Rs.1,000/- from pocket of his pant nor he could furnish any information as how his fingers turned pink on being washed, with sodium carbonate solution as currency notes already found in pocket of his pant had been treated with phenolphthalein - On being washed, part of his pant turned pink - Court failed to understand as under what circumstances accused could maintain complete silence particularly, in view of fact that he did not deny his visit to house of complainant or that his shirt was found hanging on peg in the wall and that his hands turned pink on being washed with sodium carbonate water - It was not fit case where HC ought to have reversed well reasoned judgment of acquittal as it was based on evidence on record - Appeal dismissed.

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