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Kailash Chand Saini & Ors. vs. State of Rajasthan

54.00 5.40

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Prevention of Corruption Act, 1988–Secs. 7 & 13(1)(d) r/w. 13(2)–Conviction–Sustainability–No other person except the complainant has given the statement regarding the demand–Even the transcription of conversation also does not reflect any clear demand of the bribe money–Case of the appellant no. 2 that on the date of alleged demand, he was present at other place–Transcription suggest that it was the complainant, who time and again tried to offer some money voluntarily to appellant no. 1 who did not tender his specific acceptance for the same–In the criminal case registered against the complainant and his brother, investigation was assigned to another officer–Work of complainant was not pending before either of the appellants–Currency notes were tried to be given forcibly and these were recovered in scattered condition from the floor–Even, the chemical examination did not give positive result–Prosecution failed to produce any independent witness, present at the place of trap–Testimony of departmental witnesses suffers from infirmities and contradictions–Prosecution failed to discharge its burden beyond the reasonable doubt–Conviction cannot be sustained.