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1992 Supreme(Guj) 176

J.M.PANCHAL, K.J.VAIDYA
NASIRMIYA HASANMIYA MALLIK – Appellant
Versus
STATE – Respondent


Advocates Appeared: D.K.TRIVEDI, V.M.Barot

VAIDYA, J.

( 1 ) "whether in a running-trap of the Corruption case, wherein the complainant whose services came to be requisitioned as a decoy-witness and is found to be hostile to the prosecution, can the trial Court still under the circumstances on the basis of evidence of the Panch-Witness and that of p. I. of the raiding party record the order of conviction sentencing the accused under Sec. 161 of I. P. C. and Secs. 5 (l) (d) and 5 (2) of the Prevention of corruption Act, 1947 ?" This in short is the question which we have been called upon to answer in this Appeal, at the admission stage.

( 2 ) IN order to appreciate the question raised above, few relevant facts may briefly be narrated. Accordingly, the prosecution case as it gets unfolded from the evidence of P. I. , Anti-Corruption Bureau Mr. G. K. Desai (PW- 3, Exh. 20) is to the effect that on 23-5-1988, he received the information that some of the local police constables, traffic police, forest officers and officers of. R. T. O. department were illegally collecting money in the name of "entry Fees" from the truck drivers plying their vehicles on the highway and passing by Bhagpura, Kuha, Kunjad and Narol Circle. Acting on t














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