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AIR 2016 SC 298 ::2016 CRI. L. J. 1079
Supreme Court Of India
(From : Delhi)
Hon'ble Judge(s): T. S. Thakur, V. Gopala Gowda , JJ

Prevention of Corruption Act (49 of 1988) , S.7, S.13(1)(d)— Evidence Act (1 of 1872) , S.145— Criminal P.C. (2 of 1974) , S.162— Bribe - Demand and acceptance of - Is sine qua non for constituting offence under Ss. 7 and 13 (1)(d) - Accused police constable alleged to have demanded bribe for releasing brother of complainant on bail - Complainant turning hostile on point of demand and acceptance of bribe by accused police constable - Panch witness did not hear conversation between accused and complainant at time when complainant had approached him to give bribe money - Investigating officer's evidence silent as to contents of statement of complainant recorded under S. 161, Cr. P. C.- Contradictory statements made by @page-CriLJ1080complainant regarding demand in cross-examination not proved by examining Investigating officer - Factum of demand not proved - Conviction set aside.Appeal No. 634 of 2008, D/- 7-11-2014 (Delhi), Reversed. (Para 28 29 30 36 37) .....

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