Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2023 (3) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (3) TMI 1454 - SUPREME COURTIllegal gratification - Recovery of phenolphthalein coated currency notes with same serial numbers - conviction of accused - HELD THAT:- In the case in hand, Jit Singh, complainant as well as Chamkaur Singh, shadow witness have turned hostile. The Trial Court had specifically held that there is no evidence produced on record to prove the demand of illegal gratification. It is not the case in which the demand was reiterated when the money was allegedly paid to him. Gurjinder Singh (PW-8) is only a witness who stated that he had recovered the money from the Appellant. The High Court has passed its judgment on the assumption that the money having been recovered from the Appellant, there was demand of illegal gratification. This is not a case where there was circumstantial evidence to prove the demand. If the evidence produced on record by the prosecution is examined in the light of the law laid down by the Constitution Bench in NEERAJ DUTTA VERSUS STATE (GOVT. OF N.C.T. OF DELHI) [2022 (12) TMI 1490 - SUPREME COURT], the conviction and sentence of the Appellant cannot be legally sustained. The impugned order passed by the High Court and that of the Trial Court are set aside. The Appellant is acquitted of the charges and his bail bond stands discharged - Appeal allowed.
|