Indian Penal Code, 1860
Section 420 read with Section 109—Cheating and abetment—Case of prosecution that appellants received money for the selection of the candidates recruiting fifty police constables—Trial Court acquitted appellants of all the charges—High Court while acquitting the appellants on the charges framed under the Prevention of Corruption Act for want of sanction, nonetheless convicted them for the offence punishable under Section 420 read with Section 109 of IPC—Appeal—High Court did not go into the evidence adduced particularly with reference to four prosecution witnesses—By cogent reasoning, the trial court expressed its serious doubt on theses witnesses—Trial court further found that there are contradictions among the evidence rendered by theses witnesses—High Court in its considered view merely dealt with the charge without analyzing the evidence based upon which the trial court reached its conclusion—An order of acquittal strengths the presumption of innocence in favour of accused person—When such an appeal is challenged, the Appellate Court is duty bound to go into the evidence and render a specific finding on the approach of the trial court which has not been done in the present case—Trial court rightly acquitted appellants—Impugned judgment of High Court is set aside and that of trial court is restored—Appeal allowed.
[Paras 3 to 5]