2008 CRI. L. J. 3312 ::2008 (4) AIR Kant HCR 197 ::2008 (4) AIR Kar R 197 ::2008 (4) AllCriLR 455

Karnataka High Court

Hon'ble Judge(s): V. Jagannathan , J

(A) Evidence Act (1 of 1872) , S.3— Hostile witness - Evidence, cannot be ignored in totality - Hostile witness not supporting prosecution case in certain minor aspects which has no bearing on prosecution case - Said portion of evidence can be rejected - Part of evidence which supports prosecution case will have to be accepted. (Para 27 29) (B) Prevention of Corruption Act (49 of 1988) , S.7, S.13— Evidence Act (1 of 1872) , S.3— Bribery case - Trap mahazar - Credibility of contents - Contents of trap mahazar proved by prosecution through testimony of complainant as well as through evidence of Investigating Officer - Accused is also a signatory to paid document - Not case of accused that he was forced to sign trap mahazar or that its contents are incorrect - Merely because panch witness are not examined it will not render trap mahazar unacceptable. (Para 42) (C) Prevention of Corruption Act (49 of 1988) , S.7— Bribe by public servant - Proof - Prosecution has established that accused did demand and did accept Rs. 5,000/- from complainant - This fact is proved through evidence of complainant, shadow witness. Investigating Officer and trap mahazar - Failure of p....