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Mohammad Ashraf Wani – Appellant
Versus
State of JK – Respondent
M.K. Hanjura, J.
1. Aggrieved by the judgment of conviction and sentence dated 25.08.2017, passed by the learned Special Judge, Anti-Corruption, Srinagar, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of two years for an offence under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, as also to pay a fine of Rs. 10,000/- and to undergo a further rigorous imprisonment of six months for the commission of an offence under Section 161 RPC, and in default of the payment of fine to undergo a simple imprisonment for three months, the appellant has filed an appeal before this Court challenging its virus on the grounds, inter alia, that the judgment under appeal is not sustainable in the eyes of law. It is against the facts and the legal position evolved in terms of the well-established principle of law laid down by the Supreme Court. The demand and the recovery of the bribe money are the indispensable essentials required to be proved for the commission of offences under Section 5 (2) PC Act or 161 RPC. No legal evidence has been brought on record by the prosecution to prove the demand and recovery of
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