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Head Note

Prevention of Corruption Act,1988  - Section 7 , Section 13 (2) , Section 20

Corruption - Bribery case - Presumption - Appeal against conviction - Hostile witness - Testimony of - Plea that complainant PW 5 has not supported the prosecution - PW6 has supported the recovery in entirety- He has stood firm and remained unshaken in the cross-examination and nothing has been elicited to dislodge his testimony- The evidence of PW6 and PW7 have got corroboration from PW8 - The fact remains that the appellant's pocket contained phenolphthalein smeared currency notes when he was searched -The currency notes that have been recovered from the right side of the pant pocket were actually prepared by PW8 by smearing them with phenolphthalein powder - The appellant was caught red-handed with those currency notes, in is statement recorded under Section 313 of CrPC he has taken the plea that he is innocent and has been falsely implicated due to animosity - No explanation has been given as regards the recovery - Appellant had received or accepted the said currency notes on his own volition - The factum of presumption and the testimony of PW6 and 7 go a long way to show that the prosecution has been able to prove demand, acceptance and recovery of the amount - The charges leveled against the accused have duly been proven by the prosecution.

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