Excelsior Correspondent
SRINAGAR, Sept 8: High Court today set aside the sentence awarded to a Patwari on corruption charges.
Justice M Akram Chowdhary while setting aside the sentence awarded to the Patwari said that mere acceptance of any amount allegedly by way of illegal gratification or recovery thereof dehors the proof of demand would, thus, not be sufficient to bring home the charge.
Court said that the failure of prosecution to prove the demand and voluntary acceptance of illegal gratification would, therefore, be fatal to the prosecution case against the accused who has been charged for offence under PC Act.
In the case on hand, the witnesses, including the complainant, have made totally inconsistent and contradictory statements, their testimonies become unreliable and unworthy of credence and no conviction can be based on the evidence of such witnesses.
Court recorded that the IO who was leading the Trap team also stated with regard to some persons present at the Patwar-Khana, but were not associated with the investigation of the case, therefore, not associating the persons as independent witnesses to prove the demand and recovery of the bribe amount by the accused, raises doubt with regard to recovery as well.
Court in view of the doubtful investigation by the prosecution said, the trial court, did not take into consideration, this aspect of the mater, as a result whereof, miscarriage of justice occasioned.
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