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2023 (8) TMI 1421 - KARNATAKA HIGH COURTIllegal gratification demanded by Public Servant - HELD THAT:- There is no any positive evidence on record to prove that accused has demanded bribe money at any point of time. Therefore, in view of the principles enunciated in the aforementioned judgment of Hon'ble Apex Court, the proof of demand and acceptance of bribe money is sine qua non for proving the offence under Section 7 and 13 (1)(d) of P.C. Act. The evidence placed on record by the prosecution does not conclusively prove the accused having demanded bribe money for doing the work of complainant. The Trial Court without properly appreciating the evidence on record to satisfy the test of twin requirement of demand and acceptance of bribe money for the offence under Sections 7 and 13(1)(d) of P.C. Act erroneously recorded finding that prosecution has proved the guilt against accused beyond all reasonable doubt. In view of the reasons recorded above, the prosecution has failed to bring home the guilt of the accused for the charges levelled against him and as such interference of this Court is required. The judgment of the Trial Court on the file of IV Additional District and Sessions Judge and Special Judge (PCA), Belgaum, in Spl.C.No.164/2011, dated 30.11.2013 is hereby set aside - The accused is acquitted for the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of P.C. Act - Appeal filed by the appellant/accused is hereby allowed.
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