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Judgment
Anand Byrareddy, J.—The State is in appeal against the acquittal of the accused for offences punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Ac, 1988. The primary ground, on which the Court below had acquitted the accused is that, there is no corroboration of the allegation of the demand and acceptance of bribe by the respondent herein. In that, the shadow witness, who was examined as PW4, had turned hostile and was cross-examined by the public prosecutor. Though in the cross-examination, there was a semblance of admission of such demand and acceptance by the accused, in further cross-examination by the Counsel for the accused, the said witness had resiled from his statement. Therefore, there was no proper corroboration of the allegations against the accused. The same was in serious doubt.
It is in this background, that the Court below had acquitted the accused and it is found that, the judgment of the Court below is a detailed judgment, considering all aspects of the matter. In that view of the case, the prosecution having failed to establish its case beyond all reasonable doubt, the allegations, which would result in serious punishment of the accused, cannot be lightly upheld, in the absence of corroboration. The Court below had rightly acquitted the accused. There is no warrant for interference.
The petition is rejected.