SALIMKHAN SARDARKHAN vs STATE OF GUJARAT

The Supreme Court held that the High Court's reversal of the Trial Court's acquittal of the appellant, a Police Constable charged under Section 161 IPC and Section 5(1)(d) and 5(2) of the Prevention of Corruption Act, 1947, was not justified. The Court emphasized that the High Court merely presumed the appellant's awareness of the bribe being inserted into his pocket without sufficient evidence, disregarding the possibility of the appellant being unaware due to his age and service duration. The Court reinstated the acquittal, highlighting the need for careful examination of witness credibility and evidence.