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1997 (12) TMI 635 - SUPREME COURTAcquittal of a government servant from graft charge - Held that:- The reasoning of the High Court that reliability of the trap was impaired as the solution collected in the phial was not sent to chemical Examiner is too puerile for acceptance. We have not come across any case where a trap was conducted by the police in which the phenolphtalein solution was sent to the Chemical Examiner. We know that the said solution is always used not because there is any such direction by the statutory public servant would have really handled the bribed money. There is no material discrepancy in the evidence regarding preparation of recovery-memo and the minor contradiction mentioned by the learned single judge is not worth considering. No doubt that the High Court has misdirected itself by such patently wrong and tenuous considerations and it resulted in the unmerited acquittal of accused against whom the prosecution succeeded in making out a fool-proof case under Section 161 of the Indian Penal Code and Section 5(2) of the Prevention of Corruption Act 1947. Allow that state appeal and restore the conviction passed by the trial court.
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