Excelsior Correspondent
JAMMU, Nov 19: High Court of Jammu & Kashmir and Ladakh has upheld the judgment of the trial court whereby Manager JKPCC Masood Ahmad Gangoo was acquitted in a trap case.
After hearing both the sides, Justice Rajesh Sekhri observed, “mere demand of illegal gratification by a public servant or mere acceptance of bribe by a public servant is not by itself sufficient to constitute an offence under the PC Act. In all cases of bribery, prosecution is obliged to keep two material aspects in mind—-there is demand and there is acceptance in the sense that accused has obtained illegal gratification as a public servant by indulgence in corrupt practices and abuse of official position”.
“The demand and acceptance of the amount as illegal gratification is sine qua non to constitute an offence under the PC Act. The other aspect to be borne in mind is that if an accused come forward with a plea that the tainted money was kept with him without his knowledge, then there must be clinching evidence to show that it was voluntarily, or consciously accepted by him or it was with the tacit approval of the accused that money was kept with him as an illegal gratification”, High Court said.
“The presumption of innocence of the respondent in the present case is strengthened by the order of acquittal recorded by the trial court on proper appreciation of the evidence on record. The High Court in exercise of its appellate jurisdiction can interfere only in exceptional cases where it is found that the order of acquittal recorded by trial court is perverse or erroneous. The presumption of guilt of the respondent in the present case is not proved as prosecution has failed to prove the ingredients of the provisions of Section 5(2) of PC Act read with Section 161 RPC”, Justice Sekhri said.
“The trial court has come to the right conclusion on facts and evidence on record holding the respondent innocent of the charge. The findings recorded by the trial court are lucid and I do not find any reason to interfere. Hence, the present appeal being devoid of merit is dismissed and the impugned judgment is upheld”, read the order.
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