Acquittal of two police officials accused of corruption is attributed to the deviation from trap proceedings noted by the complainant: Andhra Pradesh HC
Case: State of AP v. Sri P.Ch. Ranga Reddy
Coram: Justice AV Ravindra Babu
Case No.: Criminal Appeal No. 270 of 2008
Court Observation: “…according to the case of prosecution, strict instructions were given to PW.1 by the trap party to act strictly in accordance with the instructions without any deviations. PW.1 had every knowledge that his hands contacted with phenolphthalein substance prior to the so-called payment of amount to AO-2 or after payment of tainted amount. When that is the situation, he was not supposed to put his signatures on the papers, when requested by AO-2. The theory of signing summons was not introduced during the course of post-trap proceedings. In anticipation of the defence by AO-2 as the amount was not recovered from his physical possession… So the manner in which the amount was recovered from AO-2 is not believable.”
“So, when AO-2 kept the served summons into the right side trouser pocket, there is every possibility that the inner linings of the pant of AO-2 may yield positive So, virtually as the evidence was lacking that amount was recovered from the physical possession of AO-2, various circumstances referred to above probabilize a theory that AO-2 might have contacted with phenolphthalein powder to his hands and to his right side trouser pocket during the course of service of summons to PW.1.”
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Keywords
Acquittal of two police officials, Andhra Pradesh HC