Pritam Singh vs State Of Hy. on 29 July, 2026

    0
    7
    ADVERTISEMENT

    Punjab-Haryana High Court

    Pritam Singh vs State Of Hy. on 29 July, 2026

                           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                          CHANDIGARH
    
                                                                      CRA-S-711-SB-2005 (O&M)
                                                                          Reserved on: 01.05.2026
                                                                       Pronounced On: 29.07.2026
               Pritam Singh
                                                                                        ...Appellant
                                                           V/S
    
               State of Haryana
                                                                                      ...Respondent
    
               CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA
               Argued By:             Mr. Rajesh Sethi, Advocate, with
                                      Mr. Parveen Gaur, Advocate
                                      Mr. Arun Biriwal, Advocate and
                                      Mr. Anshuman Sethi, Advocate for the appellant.
                                      Mr. Satbir Singh Goripuria, DAG, Haryana.
    
               SUBHAS MEHLA, J.
    

    1. The present appeal has been filed assailing the judgement of

    conviction dated 19.03.2005 and the order of sentence of even date passed by

    SPONSORED

    the learned Special Judge (under the Prevention of Corruption Act, 1988),

    Kurukshetra, in FIR No.18 dated 16.05.2003 registered at Police Station State

    Vigilance Bureau, Ambala, whereby the appellant was convicted for the

    offences punishable under Sections 7 and 13(2) of the Prevention of Corruption

    Act, 1988 (for short, ‘the PC Act‘) and sentenced as under:-

                 Offence under             Imprisonment             Fine            In Default of
                     Section                                                     Payment of Fine
                Section 7 of PC           Rigorous            Rs.2,000/-         In default of
                Act                       Imprisonment for                       payment of the
                                          1 year                                 total amount of
                Section 13(2) of          Rigorous            Rs.5,000           fine i.e. Rs.7,000
                PC Act                    Imprisonment for                       a further rigorous
                                          2 years                                imprisonment for
                                                                                 a period of nine
                                                                                 months
    

    Both the substantive sentences were ordered to run concurrently.

    MANISHA
    2026.07.29 13:41
    I attest to the accuracy and
    integrity of this document

                CRA-S-711-SB-2005 (O&M)                                                      -2-
    
    
               BRIEF FACTS
    
    

    2. Briefly stated, the prosecution case is that on 16.05.2003,

    complainant Balwant Singh submitted an application before the State Vigilance

    Bureau, Kurukshetra (hereinafter ‘SVB’) alleging that on the night of

    14.05.2003, the appellant, who was working as a Foreman in the Electricity

    Department, along with a Junior Engineer, visited his residence and accused the

    complainant of committing theft of electricity. It was alleged that the appellant

    demanded an amount of Rs.10,000/- for not initiating proceedings against him

    and received Rs.9,000/- on the spot. It is further alleged that the appellant later

    continued insisting upon payment of the remaining amount of Rs.1,000/- when

    finally, the SVB was approached. Acting upon the complaint, a trap was

    arranged by the Vigilance Bureau wherein DRO Pirthi Singh was joined as part

    of the raiding party being a gazetted officer. The complainant allegedly paid the

    remaining amount of Rs.1,000/- to the appellant during the trap proceedings,

    whereafter the appellant was apprehended and the tainted currency notes were

    allegedly recovered from his possession. Upon completion of investigation and

    obtaining sanction for prosecution, the final report was presented before the

    Court.

    3. Finding a prima facie case, the trial Court framed charges against

    the appellant for the offences punishable under Sections 7 and 13(2) of the PC

    Act, to which he pleaded not guilty and claimed trial.

    4. In support of its case, the prosecution examined twelve witnesses

    and tendered documentary evidence on record. After completion of prosecution

    evidence, the statement of the appellant under Section 313 of the Code of

    Criminal Procedure, 1973 was recorded, wherein all incriminating
    MANISHA
    2026.07.29 13:41
    I attest to the accuracy and
    integrity of this document
    CRA-S-711-SB-2005 (O&M) -3-

    circumstances were denied and false implication was pleaded. Upon

    appreciation of the evidence, learned Special Judge convicted and sentenced the

    appellant in the manner mentioned hereinabove. Hence, the present appeal.

    CONTENTIONS ON BEHALF OF APPELLANT

    5. Learned counsel for the appellant assailed the impugned judgement

    primarily on the ground that the prosecution has failed to establish the essential

    ingredients constituting the offences punishable under Sections 7 and 13(2) of

    the PC Act. It was argued that the complainant – Balwant Singh (PW-9) and the

    shadow witness (and also son of the complainant) – Joginder Singh (PW-10),

    did not support the prosecution case during trial and categorically denied that

    the appellant had demanded or accepted any illegal gratification. Learned

    counsel submitted that both the said witnesses attributed the demand of money

    to certain other officials of the Electricity Department and specifically

    exonerated the appellant. It was further argued that although the prosecution

    case itself referred to the involvement of a Junior Engineer, however, no

    proceedings were initiated against him thereby rendering the prosecution

    version doubtful.

    6. Learned counsel further contended that trial Court erred in placing

    reliance upon the testimony of the official witnesses despite the complainant

    and shadow witness having disowned the prosecution story. It was argued that

    the alleged recovery of tainted currency notes, by itself, is insufficient to sustain

    conviction in the absence of proof of demand and acceptance of illegal

    gratification. Learned counsel thus submitted that the prosecution has failed to

    prove the foundational facts necessary for invoking the presumption under

    MANISHA
    2026.07.29 13:41
    I attest to the accuracy and
    integrity of this document
    CRA-S-711-SB-2005 (O&M) -4-

    Section 20 of the PC Act. Learned counsel for the appellant placed reliance on

    Neeraj Dutta v. State (Govt. of N.C.T. of Delhi) (SC) (Constitution Bench),

    2023 (4) SCC 731; State of Kerala v. C.P. Rao, 2011 (96) SCC 450; Madan

    Lal v. State of Rajasthan, 2025 (4) SCC 624; Rajesh Gupta v. State Through

    Central Bureau of Investigation, 2022 INSC 359; State of U.P. v. Ram Balak,

    2008(4) RCR(Criminal) 845; Jagtar Singh v. State of Punjab, 2023(2)

    RCR(Criminal) 499; N. Sunkanna v. State of Andhra Pradesh, 2015(4)

    RCR(Criminal) 797; Selvaraj v. State of Karnataka, 2015(4) RCR(Criminal)

    and thus, prayed that the impugned judgement of conviction be set aside, and

    the appellant be acquitted.

    CONTENTIONS ON BEHALF OF RESPONDENT-STATE

    7. Per contra, learned State counsel supported the impugned

    judgement and submitted that the prosecution has successfully established the

    guilt of the appellant through the testimony of the official witnesses and the

    documentary evidence brought on record. It was argued that the appellant was

    posted as Assistant Foreman in the area concerned and the prosecution had duly

    proved the demand and acceptance of illegal gratification. Learned State

    counsel submitted that the tainted currency notes were recovered from the

    possession of the appellant during the trap proceedings and the hand wash and

    pocket wash of the appellant tested positive. Reliance was placed upon the

    testimony of PW-11 Pirthi Singh (District Revenue Officer) and PW-12

    Inspector Gurdwaya Ram, both of whom fully supported the prosecution case

    regarding the trap proceedings and recovery. It was accordingly submitted that

    MANISHA
    2026.07.29 13:41
    I attest to the accuracy and
    integrity of this document
    CRA-S-711-SB-2005 (O&M) -5-

    trial Court had rightly returned a finding of guilt and no interference is

    warranted in appeal.

    OBSERVATIONS & ANALYSIS

    8. Heard and record perused.

    9. The principal question that arises for consideration is whether the

    prosecution has succeeded in proving beyond the shadow of reasonable doubt

    that the appellant demanded and accepted illegal gratification from the

    complainant so as to attract the offences punishable under Sections 7 and 13(2)

    of the PC Act.

    10. Balwant Singh, the complainant, appeared as PW-9. In his

    deposition before the Court, he did not support the prosecution case. He

    categorically stated that certain officials of the Electricity Department had

    visited his house and demanded money from him, but specifically deposed that

    the appellant was not one of those persons. He further stated that the

    appellant had nothing to do with the occurrence. Though he admitted his

    signatures on certain documents relied upon by the prosecution, he denied

    the contents thereof and asserted that his signatures had been obtained on

    blank papers. More importantly, he denied that the appellant had ever

    demanded any amount from him or that any payment had been made to the

    appellant.

    11. Equally significant is the testimony of Joginder Singh (PW-10) i.e.

    the shadow witness and son of the complainant. He too failed to support the

    prosecution case. He specifically denied that the appellant had ever

    demanded any money from him or from his father. He also denied the

    MANISHA
    2026.07.29 13:41
    I attest to the accuracy and
    integrity of this document
    CRA-S-711-SB-2005 (O&M) -6-

    prosecution version regarding payment of tainted currency notes,

    acceptance thereof by the appellant and the alleged recovery proceedings.

    12. What assumes significance is that the shadow witness (PW-10) did

    not merely fail to support the prosecution version. Rather, he proceeded to

    narrate a version which substantially supports the defence plea. According to

    him, the grievance of the complainant was against a Junior Engineer and

    another official of the Electricity Department. He further stated that the

    amount in question was intended to be paid to the concerned Junior

    Engineer and when he went to the place where the payment was to be made,

    the said Junior Engineer was not present. Thus, the testimony of PW-10, far

    from advancing the prosecution case, lends support to the defence version

    that the appellant was not the person who had originally demanded the alleged

    gratification.

    13. The prosecution has failed to prove its case as required in a

    criminal trial i.e. beyond the shadow of reasonable doubt for the reasons

    hereinafter elaborated.

    a) Demand of Illegal Gratification

    14. In the present case, the prosecution primarily relied upon the

    testimony of the complainant and the shadow witness to establish the demand

    of illegal gratification. However, both PW-9 and PW-10 failed to support the

    prosecution case on the crucial aspect of demand. The prosecution is thus left

    without any direct evidence regarding demand, necessitating an examination as

    to whether the remaining evidence on record is sufficient to establish the said

    ingredient by way of circumstances.

    MANISHA
    2026.07.29 13:41
    I attest to the accuracy and
    integrity of this document

    CRA-S-711-SB-2005 (O&M) -7-

    15. In B. Jayaraj v. State of Andhra Pradesh, (2014) 13 SCC 55, the

    facts were similar to those of the present case. A trap was laid and tainted money

    was recovered from the pocket of the accused; the complainant turned hostile,

    and consequently, the Hon’ble Apex Court set aside the judgement of conviction

    by the trial Courts. The Hon’ble Supreme Court held that proof of demand of

    illegal gratification is a sine qua non for constituting an offence under Section

    7 of the PC Act and that mere possession or recovery of currency notes from an

    accused, without proof of demand, would not establish the offence. The same

    principle was reiterated in P. Satyanarayana Murthy v. District Inspector of

    Police, State of Andhra Pradesh, (2015) 10 SCC 152, wherein it was held that

    proof of demand is the gravamen of the offence and in the absence thereof, the

    charge under Sections 7 and 13 of the PC Act cannot be sustained.

    16. The Constitution Bench of the Hon’ble Supreme Court in Neeraj

    Dutta v. State (Government of NCT of Delhi), 2023 SCC OnLine SC 280,

    while comprehensively considering the law on the subject, observed that where

    the prosecution seeks to establish the demand of gratification on the basis of

    circumstantial evidence, every circumstance relied upon must be firmly

    established and the chain of circumstances must be such as to lead only to one

    conclusion, namely, the accused had made the demand in question. Thus, where

    direct evidence of demand is unavailable or found to be unreliable, the Court

    must carefully examine whether the circumstances proved on record unerringly

    point towards the guilt of the accused and are inconsistent with any other

    hypothesis. It is in the aforesaid backdrop that the evidence led by the

    prosecution in the present case is required to be examined.

    MANISHA
    2026.07.29 13:41
    I attest to the accuracy and
    integrity of this document

    CRA-S-711-SB-2005 (O&M) -8-

    17. In the facts of the present case, the prosecution has failed to

    establish the demand of illegal gratification through its most material witnesses,

    i.e. the complainant and the shadow witness. Once the demand itself remains

    unproved, the alleged recovery of tainted currency notes from the appellant

    loses much of its evidentiary significance. Mere recovery, howsoever proved,

    cannot by itself sustain a conviction under Sections 7 and 13(2) of the PC Act

    in the absence of proof of demand and voluntary acceptance.

    18. The statutory presumption under Section 20 of the PC Act also

    cannot come to the aid of the prosecution in the facts of the present case. The

    presumption is not intended to relieve the prosecution of its obligation to

    establish the foundational facts. Since the prosecution has failed to prove the

    demand of illegal gratification, the presumption under Section 20 cannot be

    invoked to sustain the conviction.

    b) Acceptance of Illegal Gratification

    19. The prosecution case on ‘acceptance’ also suffers from serious

    doubt. The complainant PW-9 and the shadow witness PW-10 have not

    supported the prosecution version regarding the payment of the alleged bribe

    amount. Rather, PW-10 shadow witness has narrated a different sequence of

    events, which lends support to the defence plea and runs contrary to the

    prosecution version. Further, the evidentiary value of the allegations against the

    appellant/accused is substantially weakened by the complainant’s deposition

    that his signatures were obtained on blank papers and that he did not make the

    statements attributed to him.

    In these circumstances, the evidence on record does not inspire

    confidence that the amount was consciously and voluntarily accepted by the
    MANISHA
    2026.07.29 13:41
    I attest to the accuracy and
    integrity of this document
    CRA-S-711-SB-2005 (O&M) -9-

    appellant as illegal gratification pursuant to a demand made by him.

    Consequently, the recovery of tainted currency notes from the appellant, by

    itself, cannot be treated as conclusive proof of acceptance of illegal gratification.

    c) Recovery Proceedings and Testimony of Official Witnesses

    20. Learned State counsel has rightly pointed out that PW-11 Pirthi

    Singh, District Revenue Officer, and PW-12 Inspector Gurdwaya Ram have

    supported the prosecution case regarding the trap proceedings. Their testimony

    establishes that tainted currency notes were prepared, trap proceedings were

    conducted and the tainted currency notes were recovered from the possession of

    the appellant. The hand wash and pocket wash of the appellant also tested

    positive.

    21. However, even if the testimony of PW-11 and PW-12 is accepted

    in its entirety, the circumstances emerging therefrom do not establish beyond

    the shadow of reasonable doubt that any demand for illegal gratification was

    made by the appellant. The evidence of the said witnesses may establish the

    recovery proceedings, but it does not establish the foundational fact that the

    demand for illegal gratification emanated from the appellant or that he

    consciously and voluntarily accepted the illegal gratification to attract the

    operation of Section 7 of the PC Act. On the contrary, the only direct witnesses

    on the aspect of demand, namely PW-9 and PW-10, have expressly denied the

    prosecution version. Therefore, the circumstances relied upon by the

    prosecution do not form a complete chain leading only to the hypothesis of guilt

    of the appellant.

    MANISHA
    2026.07.29 13:41
    I attest to the accuracy and
    integrity of this document

    CRA-S-711-SB-2005 (O&M) -10-

    d) Analysis of the Impugned Trial Court Judgement

    22. At this stage, it would be apposite to examine the reasoning

    adopted by trial Court while dealing with the issues of demand, acceptance and

    the presumption under Section 20 of the PC Act. The relevant observations

    contained in Para 23 of the impugned judgment read as under:-

    “23. Learned defence counsel also contended that mere recovery
    of money from the accused is not sufficient to convict the accused
    when the substantial evidence in the case is not reliable. He
    contended that in the absence of demand and acceptance, mere
    recovery of money from the accused cannot be made basis to
    presume that the money was received and demanded as bribe
    amount. I find no force in the said submission of the learned
    defence counsel, because it is not always necessary that the passing
    of money should be proved by direct evidence. It may also be
    proved by circumstantial evidence. Acceptance of money by the
    accused and its recovery in the manner, as alleged by the
    prosecution, stands duly proved on the file. Once this fact is proved
    by the prosecution, then a legal presumption can well be drawn
    under section 20 of the Act that such gratification was accepted as
    a reward for doing the public duty, unless contrary is proved by the
    accused. Accused in this case although tried to prove the contrary
    by alleging that he had received the amount to pay the same to J.E.
    Mr. S.P. Dhiman, to whom the person who paid him the money,
    wanted to pay the same, but as soon as he received the money, he
    was apprehended by the police party and was taken to S.V.B. unit
    Kurukshetra, resulting into registration of the present case, but he
    has miserably failed to prove this fact. Jawahar Lal DW2,
    examined to prove this defence, cannot be believed, because he is
    a neighbour of the son of accused in the vicinity where they both
    run shops. He stated that he had heard a noise which attracted him
    and a few shopkeepers to the shop of the son of accused, where the
    MANISHA
    2026.07.29 13:41
    I attest to the accuracy and
    integrity of this document
    CRA-S-711-SB-2005 (O&M) -11-

    accused alongwith three-four police officials were present. They
    had some exchange of words with regard to currency notes and
    accused was then lifted physically by them and taken in a jeep. In
    his cross-examination, he stated that he had not made any
    complaint to the S.P. or D.C. about forcible lifting of accused. He
    also stated that he does not know what had transpired earlier to his
    reaching the shop of son of accused. Thus, he is silent about the
    defence version given by the accused that some persons had come
    to his shop and wanted to pay certain money to J.E. whom they
    were enquiring and he accepted the said money to further pass the
    same to said J.E. and was thereafter lifted by the police party.
    There is no other evidence on behalf of the accused to make his
    defence version probable and thus has failed to prove the contrary,
    as required under section 20 of the Act. It was held in AIR 1992
    S.C. 1201 B.Hanmantha Rao vs. State of Andhra Pradesh that once
    the amount is found in the possession of the accused, the burden
    shifts to him to explain the circumstances to prove his innocence as
    contemplated under section 20 of the Act. Reliance can also be
    placed on the authority relied upon by the learned Public
    Prosecutor 2001(1) R.C.R. (Criminal
    ) 95 (Supra). The facts and
    circumstances of the authorities, 2004(1) R.C.R. (Criminal) 369
    and 1979 Crl.
    .L J. 1087 (Supra) relied upon by the learned defence
    counsel, are not identical to the facts and circumstances of the
    present case, and therefore, no benefit whatsoever can be given to
    the accused of the same.”

    23. A perusal of the aforesaid observations in the impugned judgment

    shows that the trial Court primarily proceeded on the basis of the recovery of

    tainted currency notes and the testimony of the official witnesses associated

    with the trap proceedings. However, while recording the finding of guilt, the

    trial Court failed to adequately appreciate the evidentiary impact of the

    MANISHA
    2026.07.29 13:41
    I attest to the accuracy and
    integrity of this document
    CRA-S-711-SB-2005 (O&M) -12-

    testimonies of PW-9 and PW-10, who were the most material witnesses on the

    aspects of demand and acceptance. Once both the complainant and the shadow

    witness failed to support the prosecution version, and in fact, attributed the

    demand to officials other than the appellant, the question whether the

    foundational facts stood established required closer scrutiny.

    24. Further, the trial Court placed considerable emphasis upon the

    statutory presumption under Section 20 of the PC Act. In this regard, reference

    may be made to the testimony of PW-8 Rajesh Mehla, who produced the official

    record pertaining to the checking conducted at the premises of the complainant

    and deposed as under:-

    “That from 14.3.2003 Sh.Pritam Singh FM was on duty in
    the area of Chakarwarti Mohalla, City Thanesar. I identify the
    signatures of Sh. J.K. Arora, SDO Operation Divn. no.1 on Ex.
    PG. the meter number of Balwant Singh is KK20-1300 and it falls
    in the Chakarwarti Mohalla.

    XXX by Sh. S.C.Sharma, Adv., Counsel for accused.

    I do not know Balwant Singh. I had not gone to his house at
    any point of time. I had brought a record dated 14.5.2003 vide
    which the checking of the house of Balwant Singh Mohalla
    Chakarwarti bearing account no.KK20-1300 was done by
    Sh.S.P.Dhiman, J.E. and line-man Ram Janam on 14.3.2003. The
    charge of account no. KK20-1300 of Balwant Singh Mohalla
    Chakarwarti was with Sh.S.P.Dhiman, J.E. and Ram Janam Line-
    man. As per my record the number of meter of Balwant Singh is
    107253001and the meter was showing the reading as 01344 on
    14.5.2003. According to this record seals were found intact. The
    connected load was noted to be 3.200 kilo-wat. As per this record
    consumer had refused to sign the LL-1 checking report. The time

    MANISHA
    2026.07.29 13:41
    I attest to the accuracy and
    integrity of this document
    CRA-S-711-SB-2005 (O&M) -13-

    of visit of S.P. Dhiman and Ram Janam is 7.44 P.M. according to
    my record”

    The aforesaid testimony reflects that witness PW-8 categorically

    deposed that the checking in question was carried out by Junior Engineer S.P.

    Dhiman and Lineman Ram Janam and the complainant’s account was under

    their charge. Significantly, the official record brought on record through PW-8

    does not indicate any role of the appellant in the checking proceedings or in any

    official matter concerning the complainant. The prosecution has also not led any

    evidence to establish that any official act relating to the complainant was

    pending with the appellant or fell within his domain of duties. This circumstance

    assumes importance when viewed alongside the testimonies of complainant

    PW-9 and shadow witness PW-10, both of whom attributed the demand of

    money to officials other than the appellant. In such circumstances, the very

    nexus between the alleged gratification and any public duty to be performed by

    the appellant remains inadequately established.

    25. This aspect assumes added significance while examining the

    reasoning adopted by the trial Court. A perusal of the record reflects that in the

    complaint forming the basis of the present FIR, the allegations were not

    confined exclusively to the appellant and reference was also made to the

    involvement of other officials of the Electricity Department. However, the

    prosecution proceeded only against the appellant and no satisfactory

    explanation emerges from the record for excluding the said officials from the

    purview of investigation. This circumstance assumes particular relevance in

    view of the testimony of PW-8, which indicates that the checking of the

    complainant’s premises was carried out by Junior Engineer S.P. Dhiman and
    MANISHA
    2026.07.29 13:41
    I attest to the accuracy and
    integrity of this document
    CRA-S-711-SB-2005 (O&M) -14-

    Lineman Ram Janam, as well as the testimonies of PW-9 and PW-10, both of

    whom attributed the demand of money to officials other than the appellant. In

    these circumstances, the matter warranted closer scrutiny before the

    presumption under Section 20 of the PC Act was invoked against the appellant.

    26. Further, a perusal of the impugned judgment reflects that despite

    the categorical deposition of DW-2 J.K. Arora, S.D.O., to the effect that the

    appellant was deputed for maintenance of 11 K.V. lines and L.D. systems such

    as transformers, etc., as reflected in duty roster Ex.DX, the trial Court observed

    that there was insufficient evidence to establish the nature of the appellant’s

    duties. Consequently, the defence evidence on the said aspect was not accorded

    due weight. This Court finds it difficult to concur with the aforesaid approach.

    The testimony of a defence witness cannot be discarded merely on the ground

    that it has been led by the defence. It is well settled that the evidence of defence

    witnesses is entitled to the same consideration as that of prosecution witnesses

    and must be evaluated on its own merits. The material produced by DW-2 was

    directly relevant to the issue whether the appellant was in a position to perform,

    influence or facilitate any official act concerning the complainant, and

    consequently, whether the statutory presumption under Section 20 of the PC Act

    could at all be attracted. The trial Court failed to examine this aspect in its proper

    perspective.

    27. The trial Court appears to have proceeded on the premise that once

    recovery stood established, the burden shifted upon the appellant under Section

    20 of the PC Act. However, before the statutory presumption could be invoked,

    it was incumbent upon the prosecution to establish the foundational facts

    regarding demand and acceptance of illegal gratification as a motive or reward
    MANISHA
    2026.07.29 13:41
    I attest to the accuracy and
    integrity of this document
    CRA-S-711-SB-2005 (O&M) -15-

    for performing, or causing the performance of, a public duty. For the reasons

    already discussed hereinabove, those foundational facts have not been proved

    beyond the shadow of reasonable doubt. Consequently, the presumption under

    Section 20 could not have been invoked in the manner adopted by the trial Court.

    28. Thus, apart from the failure of the prosecution to establish the

    demand and voluntary acceptance of illegal gratification, the material available

    on record also does not satisfactorily establish the necessary nexus between the

    alleged gratification and any public duty to be performed by the appellant. The

    very foundation on which the presumption under Section 20 of the PC Act was

    invoked by the trial Court, therefore, becomes doubtful.

    29. In the considered view of this Court, the evidence on record did not

    justify the conclusion that the demand and voluntary acceptance of illegal

    gratification by the appellant stood proved beyond the shadow of reasonable

    doubt. Therefore, the approach adopted by the trial Court in treating the

    recovery as sufficient to convict the appellant cannot be sustained.

    CONCLUSION

    30. Examining the evidence on record, and in the light of the aforesaid

    discussion, this Court finds that the prosecution has failed to establish beyond

    the shadow of reasonable doubt the foundational elements necessary for

    sustaining the conviction of the appellant for the offences punishable under

    Sections 7 and 13(2) of the PC Act, and the trial Court has erred in convicting

    the appellant. The testimonies of PW-9 and PW-10 create a serious dent in the

    prosecution case and render doubtful the allegation that the appellant either

    demanded or accepted illegal gratification. Consequently, the prosecution has

    MANISHA
    2026.07.29 13:41
    I attest to the accuracy and
    integrity of this document
    CRA-S-711-SB-2005 (O&M) -16-

    failed to prove the guilt of the appellant beyond the shadow of reasonable doubt.

    The appellant is, therefore, entitled to the benefit of doubt.

    31. Consequently, the present appeal is allowed. The judgement of

    conviction dated 19.03.2005 and the order of sentence of even date passed by

    learned Special Judge (under the Prevention of Corruption Act, 1988),

    Kurukshetra are hereby set aside. The appellant is acquitted of the charges

    framed against him.

    32. The bail bonds and surety bonds furnished by the appellant shall

    stand discharged. If the appellant has deposited the amount of fine, the same

    shall be refunded to him in accordance with law.

    33. Pending miscellaneous application(s), if any, shall also stand

    disposed of.

    (SUBHAS MEHLA)
    JUDGE
    29.07.2026
    Manisha

    Whether Speaking/Reasoned: YES/NO
    Whether Reportable: YES/NO

    MANISHA
    2026.07.29 13:41
    I attest to the accuracy and
    integrity of this document



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here