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1983 Supreme(SC) 52

O.CHHINNAPPA REDDY, S.MURTAZA FAZAL ALI
State of A. P. – Appellant
Versus
B. Eswaraiah – Respondent


ORDER :- The respondent was convicted under Section 161, I. P. C. and Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act. The facts have been narrated in the Judgment of the High Court and Sessions Court. After going through the judgment of the Courts below we are satisfied that the High Court was absolutely wrong in acquitting the accused in the face of independent and disinterested evidence produced by the prosecution in support of its case. The only point taken by Mr. A. Subba Rao, learned counsel for the respondent is that money and ornaments were planted in order to implicate the respondent which was disbelieved by the trial Court but appears to have been believed by the High Court. The High Court has not disbelieved the evidence of the Deputy Superintendent of Police and other panch witnesses. The story of the accused that the money was given to the servant along with ornaments and was recovered from the Almirah seems to be too good to be true. It is too much to think that the accused had entrusted the keys of the almirah to the servant. On the other hand the evidence shows that the accused pretended that the keys were in the Police Station. In the



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