Law: Penal Code (XLV of 1860)

Section: 161, 420, 468, 471, 34

Law: Prevention of Corruption Act (II of 1947)

Section: 5(2)

(a) Penal Code (XLV of 1860) Ss. 161, 420, 468, 471 & 34---Prevention of Corruption Act (II of 1947), S. 5(2)---Public servant taking gratification other than legal remuneration in respect of an official act, cheating and dishonestly inducing someone to deliver property, forgery for the purpose of cheating, use of a forged document as genuine, common intention, criminal misconduct---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused-appellant in collusion with other accused provided fake allotment letter for construction of a cabin to the complainant, after receiving illegal gratification of Rs. 4,50,000/=---Record showed that complainant, in his evidence, had directly involved the deceased/co-accused for payment of bribe of Rs. 4,50,000/- as well as Rs. 50,000/- and receiving the fake allotment orders from the said deceased co-accused---Complainant had not produced a single evidence against the present appellant with regard the receiving of bribe demand or collection nor any dealing or connection with regard to preparation/handing over of the fake allotments orders---Evidence of prosecution witness, brother of the complainant, also confirmed that his brother had informed that it was the deceased co-accused, who had given some alternate allotment order---Other witness contradicted the evidence of complainant---Said witness deposed that co-accused had received Rs. 3,00,000/- while complainant had paid further Rs. 3,00,000/- to the present appellant---Such evidence was not only in deviation with the quantum of bribe of amount of Rs. 4,50,000/- but also contrary to the evidence of complainant/victim and had been shaken during cross-examination---Thus, it had been established that whatever bribe money as claimed by the prosecution had been paid was directly paid to the deceased/co-accused as had been confirmed by complainant and his brother during his evidence on oath---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860) Ss. 161, 420, 468, 471 & 34---Prevention of Corruption Act (II of 1947), S. 5(2)---Public servant taking gratification other than legal remuneration in respect of an…