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Head Note

Prevention of Corruption Act,1988  - Section 5 (1)

Corruption - Appeal against Conviction - Illegal Gratification - Non-examination of complainant - Appreciation of evidence -Judgment and order of acquittal passed by trial Court reversed by High Court - Complainant CW-1 died before the trial, as such he was not available for cross-examination with respect to the facts which were in his knowledge as to the demand of bribe and its payment - In the absence of the complainant, the onus lay upon the prosecution to adduce credible evidence and to prove the guilt beyond the periphery of doubt.

Prevention of Corruption Act,1988  - Section 5 (1)

Corruption - Conviction by High Court Set Aside - Illegal gratification - Non-examination of complainant - Appreciation of evidence - Judgment and order of acquittal passed by trial Court reversed by High Court - View taken by the trial court could not be said to be the one which was not possible in the prevailing scenario - Even if two views are possible on the facts, one taken by the trial court did not call for interference, especially in appeal against acquittal - Acceptance of the bribe has not been established by adducing cogent evidence -View taken by the trial court was a plausible one and could not have been interfered with by the High Court, that too without coming to the close quarters of the reasoning and re-appraisal of the evidence - Judgment of the High Court held to be not only cryptic but also no attempt has been made to look into the evidence both oral and documentary - Judgment and order passed by the High Court liable to be set aside and that of the trial court acquitting the appellant restored.

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