Law:

Section:

  Prevention of Corruption Act (II of 1947), S. 5 (2)and Penal Code (XLV of 1860), S. 161-Trap case-Testimony of recovery witnesses (mashirs)-Principles to be applied in assessing evidence.   In a corruption case where a person has been arrested for accepting bribe by a trap set for the purpose, it is essential that panch witnesses should be independent, unbiased and without being in any way under the control of the police; as far as possible the police and the investigating officers should avoid utilizing panch witnesses when they have already acted as such in another case ; and those should be panch witnesses whom the police officers do not know at all, and about whose independence and impartiality there can be no question at all. If a mashir's evidence weighed in the light of these principles is found wanting his testimony cannot be much relied upon.   Simon Kaitan Fernandez v. The State A I R 1951 Bom. 468 ref.   Prevention of Corruption Act (11 of 1947), Ss. 4 & 5(2) -- Court when justified in drawing presumption under S. 4-Accused offering reasonable and acceptable explanation supported by evidence and circumstances-Decision not to be taken in relation to accused's pleadings alone but must rest on examination of entire evidenceReasonable possibility of defence version being true-Accused entitled to benefit of doubt.   The presumption against the accused under section 4 of the Prevention of Corruption Act, 1947 is not to be drawn until the explanation offered by the accused is considered and found unsatisfactory. Where the accused offers a reasonable explanation which is acceptable and which raises a doubt as to the truth of the prosecution case, the presumption cannot be drawn. But if the Court feels justified in drawing a presumption against the accused after due consideration of the explanation, then the burden is on the accused to displace the presumption of criminal misconduct.   Where there is a question of the correct treatment of a plea in defence which is of factual nature and is supported by evidence and circumstances, the decision must not be taken in relation to the accused's special pleading, but…