JUDGMENT

Swatanter Kumar, J.

1. The present appeal under Article 136 of the Constitution of India is directed against the final judgment and order of conviction dated 20.11.2002 passed by the learned Single Judge of the High Court of Punjab & Haryana at Chandigarh. Learned counsel appearing for the appellant has raised challenge to the impugned judgment, inter alia, but primarily on the following grounds:

(a) There is no evidence to prove demand and voluntary acceptance of the alleged bribe so as to attract the offence under Section 5(2) of the Prevention of Cor- ruption Act, 1947 (For short, ‘the Act’). Reliance has been placed by the judgment of this Court in the case of C.M. Girish Babu vs. CBI, Cochin, High Court of Kerala,1 [2009 (3) SCC 779].

(b) The High Court as well as the trial Court have passed an order of conviction despite the fact that there was serious contradiction between the statements of the prosecution witnesses. And in fact, there was no cogent and reliable evidence to support the charge against the appellant. Even the recovery has not been proved in accordance with law. These fac- tors clearly justify the benefit of doubt in favour of the appellant and thus entit