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2006 (1) TMI 550 - SUPREME COURTJudgment of the Madras High Court convicting him under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 challenged Held that:- The High Court did not consider the explanation offered by the appellant for the receipt of the money nor the previous enmity harboured by PW-1, PW-2 and PW-6 towards the appellant. Nor did it hold that the decision of the trial court was erroneous or perverse. The evidence throws out a clear alternative that the accused was falsely implicated at the instance of PWs.1, 2 and 6. If two views were possible from the very same evidence, it cannot be said that the prosecution had proved beyond reasonable doubt that the appellant had received the sum of ₹ 200/- as illegal gratification. We are, therefore, of the considered view that the trial court was right in holding that the charge against the appellant was not proved and the High Court was not justified in interfering with the same. Allow this appeal, set aside the order of the High Court and restore the order of the trial court, acquitting the appellant of the charge.
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