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2025 Supreme(Online)(J&K) 1404

IN THE HIGH COURT OF JAMMU AND KASHMIR
Rajnesh Oswal, J., RAJNESH OSWAL, J.
State – Appellant
Versus
Ashu Jolly – Respondent


Advocates:
For the Appellants/Petitioners: Mrs. Monika Kohli
For the Respondents: Mr. Abhinav Sharma

1. This appeal is directed against the judgment of acquittal dated 02.03.2020 recorded by the court of learned Special Judge, Anti - Corruption, Jammu (for short 'the trial court') in case titled, 'State v. Ashu Jolly', whereby the respondent has been acquitted of the charge for the commission of offences under S.5(1) (d) read with S.5(2) and S.4A of Prevention of Corruption Act , 2006, registered with Police Station, Vigilance Organization, (Now, Anti - Corruption Bureau), Jammu.

2. The judgment has been assailed by the appellant on the ground that despite there being sufficient oral, documentary and scientific evidence in respect of conscious demand and acceptance of bribe by the respondent and subsequent recovery of the same from the respondent, the learned trial court has acquitted the respondent by sheer wrong and mis - appreciation of evidence.

3. Mrs. Monika Kohli, learned Senior AAG has submitted that the prosecution had proved the demand, acceptance and recovery of bribe of amount of Rs.5,000 from the respondent, as such, the learned trial court could not have acquitted the respondent and in fact, the judgment is perverse and contrary to the evidence brought on record by th








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