Chetan K N v. State of Karnataka
Case brief
What is this about?
Prevention of Corruption Act 1988 trap appeal; S.7(a) and S.12 PC Act; demand and conscious acceptance not proved; hostile complainant PW.3; shadow witness PW.4 remained at door; recovery of tainted currency from Accused No.2 doubtful; S.20 presumption unavailable without proof of demand; Section 65(b) Evidence Act — electronic evidence/voice analysis inadmissible; sanction order application of mind upheld (Exs.P1, P2); benefit of doubt; acquittal; bail bonds cancelled; fine refund; Crl.A No. 508/2022 and Crl.A No. 477/2022; ACB Bengaluru; BMTF Police Station; S.374(2) CrPC; P.Satyanarayana Murthy (2015) 10 SCC 152; Sujit Biswas (2013) 12 SCC 406.
What did the court decide?
Both appeals allowed; judgment and order dated 16.03.2022 of the XXIII Additional City Civil and Sessions Judge and Special Judge (PC Act), Bengaluru in Spl.C.C.No.221/2021 set aside; Accused No.1 acquitted of the offence under Section 7(a) PC Act and Accused No.2 acquitted of the offence under Section 12 PC Act; bail bonds cancelled; fine amounts, if deposited, to be refunded to the accused.