1995 CRI. L. J. 2892 ::1995 (2) RecCriR 495 ::1995 (3) ChandCriC 204

Punjab And Haryana High Court

Hon'ble Judge(s): Sat Pal , J

(A) Prevention of Corruption Act (2 of 1947) , S.5(1)(d)— Criminal misconduct by public ser vant - Proof - Trap case - Prosecution ver sion on basis of oral evidence of complainant and Police Officers, without corroboration of Public witness - Can be accepted when besides this evidence there is circumstantial evidence consis tent with guilt of accused. Penal Code (45 of 1860) , S.161— 1985 Cri LJ 904 (SC), 1980 Cri LJ 564 (SC) and 1993 Cri LJ 416 (SC), Foll. (Para 17) (B) Prevention of Corruption Act (2 of 1947) , S.5(1)(d)— Criminal misconduct by Public servant - Trap case - Circumstantial evidence - Patwari caught redhanded while accepting illegal gratification for supply of copies regard ing possession of land - Currency notes recov ered from him were tainted with phenolphthaline powder by investigating officer before conduct ing raid - Same tallied with notes mentioned in Superdgi Memo and when hands of accused were washed with solution, it turned pink thereby @page-CriLJ2893supporting prosecution story - Defence plea that trap witnesses were inimical towards ac cused not proved - Conviction of accused for criminal misconduct upheld.(1988) 1 Rec. Cri R 123 (Punj and Har), Disting.19R7 Cri LJ 1180 (SC), Rel. on. (Para 19 ....