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Head Note

Prevention of Corruption Act,1988  - Section 7 , Section 13 (1) ,  (2)

Appeal against acquittal - Illegal gratification - It was never the contention that the Day Book itself had traces of Phenolphthalein powder and by handling said Day Book his fingers had got smeared - If it was so contended the investigating officer could immediately have subjected the Day Book itself to appropriate test - Evidence on record shows that the respondent accepted Rs.400/- only out of Rs.500/- offered by PW 1 as per demand and instructed that Rs.100/- be given to 'V', which would negate the theory of any accidental touching of tainted notes - This part of the case and aspects concerning demand and acceptance completely stood proved - High Court did not in any way deal with the reasons and findings recorded by the trial court while finding the respondent guilty of the offences in question - Assessment and conclusions of the High Court cannot even be termed as a possible view in the matter - Judgment and order passed by the High Court liable to be set aside - Judgment of conviction and sentence as recorded by the trial court against the respondent is restored.

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