JAMMU, July 16: High Court has upheld the judgment of acquittal in trap case passed by Additional Sessions Judge (Anti-Corruption), Jammu, vide which Parveen Sharma, the then head clerk DIC Jammu came to be acquitted of the charge, for offence under Section 5(2) of J&K Prevention of Corruption Act, 1949 read with Section 161 of Ranbir Penal Code.
After hearing, Justice Rajesh Sekhri observed that the prosecution was obliged to show that respondent demanded the bribe and received it for processing complainant’s file and issuance of the registration certificate.
According to the complainant Sham Singh, it was Ramesh Kumari who had to process his case and she demanded the bribe amount for the purpose.
Court said that the trap laying officer Khalil Ahmad Poswal has also admitted that when he examined the registration file of the complainant, he did not find any noting of the respondent on the said date.
Court added that once respondent was not required to perform any official act regarding registration of the complainant’s unit or issuance of registration certificate, it is rightly observed by trial court that there was no question of the complainant to approach the respondent and for the respondent to demand the bribe & the prosecution, in the present case, has failed to prove, by credible and clinching evidence, the prior demand of illegal gratification and voluntary acceptance thereof by the respondent as a matter of fact.
Court further said that there is no merit in the present appeal, hence it is dismissed.
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