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Supreme Court of India 2024-07-10 allowed

MIR MUSTAFA ALI HASMI vs THE STATE OF A.P

Bench: 2 — B.R. Gavai, Sandeep Mehta

In Brief

A forest officer was convicted of demanding and accepting a monthly bribe from a sawmill operator. The Supreme Court overturned the conviction, finding the prosecution failed to prove the demand for bribe through credible evidence. Critical weaknesses included: the complainant had unhindered access to plant money in the officer's bag left in a coffee shop; telephone call records contradicted allegations of demanding calls; an independent forensic examination of the officer's hands and bag was not conducted; and a person previously fined by the officer served as a witness in the trap, suggesting orchestration. The Court held acquittal was warranted given embellishments, contradictions, and the serious opportunity for the complainant to fabricate evidence.

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Prevention of Corruption Act Criminal Law Evidence Bribery Corruption Police Investigation Trap Proceedings Burden of Proof Circumstantial Evidence Public Servants

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