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As per case facts, the complainant, a motorcycle shop owner, had a dispute over a servicing fee with a customer, which led to a police report. The appellant, a Head
...Constable, allegedly demanded money from the complainant to settle a purported Atrocities Act case against him, leading to a trap by the Anti-Corruption Bureau. The appellant was convicted by the trial court. The appellant appealed, challenging the conviction on the grounds that the prosecution failed to prove demand and acceptance of bribe beyond reasonable doubt, citing contradictions in witness statements and the complainant's death. The question arose whether the prosecution successfully proved the demand and acceptance of illegal gratification by the appellant, considering the complainant was deceased and the money was recovered from the floor, not directly from the appellant. Finally, the High Court found that the trial court did not record a finding that the prosecution proved the demand for bribe. Given the complainant's death and the recovery of money from the floor, not the appellant's person, the court concluded that both demand and recovery were not proven beyond reasonable doubt. Consequently, the High Court allowed the appeal, acquitted the appellant, and set aside the conviction.
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