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2023 (6) TMI 1356 - HC - Indian LawsDemand of illegal gratification or not - HELD THAT:- In the facts of the case, it was held that there are no circumstances brought on record which will prove the demand for gratification. Therefore, the ingredients of the offence under Section 7 of P.C Act were not established and consequently the offence u/s.13(1)(d) will not be attracted. In the present case the complainant has deposed before the Court. His evidence does not inspire confidence. Evidence of panch witness is not reliable to prove the demand and acceptance of amount as illegal gratification. The foundation of charge itself is not established. No other circumstances can be relied upon to convict the appellant for the offences for which he is charged. The prosecution has failed to establish the demand and acceptance of bribe - the conviction is required to be set aside - appeal allowed.
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