On appeal, the bench noted that the investigating officer deliberately left out Ashok Jain and Moolchand and booked only the appellant.
It also added that the lacuna in the probe was also noted by the trial court in its order convicting appellant on January 28, 1985.
“So, in my considered opinion, the trial court wrongly convicted the appellant under Section 161 IPC and Sections 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947. Hence, the judgment and order of the trial court deserves to be set aside,” the High Court opined.
With these observations, the bench quashed the trial court’s judgment.
Source: Barandbench
