Justice S P Garg, in an order, reversed the 2001 verdict of the trial court which convicted Om Prakash, a beldar, and Yogendra Singh Bhartwal, a junior engineer, for allegedly demanding bribe of Rs 200 from a man to inspect his house which was under construction 25 years ago.
"In the light of conflicting versions and suspicious features on crucial aspects, complainant's version does not appear to be wholly reliable," Garg said.
"The complainant's testimony is lacking to prove that A-1 (Om Prakash) accepted the bribe amount with the tacit approval of A-2 (Bhartwal). No other independent public witness was associated in the investigation from the office of the accused where the alleged transaction took place.
"The prosecution was unable to establish that both A-1 and A-2 shared common intention to demand and accept the bribe amount from the complainant. Conviction of the appellants cannot be founded on the basis of inference," the bench said.
However, on Lal's request to carry out the inspection on the same day (April 5), Om Prakash and Bhartwal had reportedly demanded a bribe of Rs 200 from him.
Anti-corruption Bureau had registered a corruption case against them under the Prevention of Corruption Act and in 2001 the trial court had convicted and sentenced them to one year-jail term for the offence.
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