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Head Note

Prevention of Corruption Act,1988  - Section 13 (1) ,  (2)

Bribery Case -The phenolphthalein test cannot be said to be a conclusive proof against the appellant, as the colour of the solution with regard to the other samples were pink and had remained so throughout - However, the lime solution in which the appellant's hands were dipped in, did not show the same pink colour - The reason assigned by the Trial Court that the colour could have faded by the lapse of time repelled in view of the fact that the colour of the other samples taken by the Investigation Officer after the completion of the trap laid against the appellant had continued to retain the pink colour - The sample of the shirt worn by the appellant which was produced before the Trial Court did not show any colour change on the shirt's pocket section, where the bribe money was allegedly kept by him after the complainant had allegedly given him the bribe money - Held that the prosecution has failed to prove case beyond all reasonable doubt the conviction and sentence imposed upon the accused-appellant by the High Court under Section 13(1)(d) read with Section 13(2) of the Act liable to be set aside.

Topic(s)-Corruption - Bribery case - Conviction set aside