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2023 (7) TMI 1348 - HC - Indian LawsIllegal gratification - HELD THAT:- In the present case, it is the evidence of P.W.2 that on 12.08.2010 at 10.30 a.m. received phone call from accused and demanded illegal gratification of Rs. 9,000/- at any cost and he has recorded the same in his mobile. The mobile number of P.W.2 is 9886993653 and mobile number of accused is 9448406990. In view of the above evidence of P.W.2, he claims that accused has called him over phone and demanded illegal gratification of Rs. 9,000/- at any cost. The evidence of P.W.9 would go to show that he has collected the call details of mobile used by accused Ex.P.34. P.W.9 claims that accused through the mobile of Vittal Dasar called the complainant over phone and demanded illegal gratification - The evidence of P.W.11 who is the investigating officer from registering the case till the conclusion of trap panchanama did never speak anything that accused has used the mobile of P.W.5 to contact complainant over phone to make demand of illegal gratification. The trial Court has not considered the effect of no work of complainant pending as on the date of filing complaint or on the date of trap, further there being no any concrete evidence to prove demand for illegal gratification erroneously proceeded to convict the accused which cannot be legally sustained. Therefore, interference of this Court is required. Judgment of the trial Court on the file of IV Additional District and Sessions Judge and Special Judge (PCA) Belagavi, in special Case No. 132/2011 dated 02.02.2013 hereby set-aside - The accused is acquitted and his bail bond stands discharged. Appeal filed by the appellant/accused is hereby allowed.
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