Lack of corroboration of evidence and failure of the independent witness to fulfill their role as required by law can undermine the prosecution's case and lead to the setting aside of a conviction.

K. Sreedhar Rao, J.—The accused is convicted for the offence punishable under Section 13(1)(d) and 13(2) of the PCR Act. PW.7 was entitled to certain refund of money and approached the accused working as FDA in the treasury to help him in getting the refund of the amount. The accused demanded illegal gratification of Rs. 600/- to do the favour.

2. P.W.7 was offended by the unlawful demand, reported the matter to Lok Ayukta Police. The I.O. has recorded the statement of P.W.7 at Ex.P.1 and registered it as FIR. P.W.5 and 6 are the government officials secured by the I.O as panch witnesses to assist in the trap proceedings. The I.O gives a test demonstration to P.W.5, 6 and P.W.7 the effect of phinopthalin power on the sodium carbonate solution to show that the solution will turn to pink if phinopthalin touches the solution. The bait money M.O.2 is smeared with phinopthalin powder and given to P.W.7 with clear instructions to pay the amount to the accused only on demand. P.W.5 was asked to accompany P.W.7 discreetly and to witness the transaction that takes place between the accused and P.W.7.

3. The evidence of P.W.5-shadow witness discloses that he was at a distance of 30-40 ft. and was not able to over here the conversation between the accused and P.W.7 and also not able to see the payment of bait money by P.W.7. The prosecution version discloses that the accused asked P.W.7 to keep the money in the draw of his table. Accordingly P.W.7 put the money in the draw-comes out and gives instructed signal to the I.O. The I.O. with other panch and officials entered and seized the currency note. The tainted money seized from the draw of the accused. The accused when made to dip his fingers in the sodium carbonate solution, it remains colourless. Obviously for the reason that the accused did not handle the tainted currency M.O.2.

4. P.W.5 an independent witness has not played his role as instructed and in the manner as required in law. The evidence of P.W.7 remains uncorroborated. Hence, without corroboration, it is not safe to base conviction. Accordingly, the order of conviction set aside. The appeal is allowed, the bail bond stands cancelled.