(1.) The instant appeal was received on transfer from the High Court of Madhya Pradesh, wherein vide order dtd. 25/8/2000 leave to appeal was granted and the same was registered under the head of 'criminal appeal'.
(2.) The present appeal has been preferred by the appellant/State challenging the judgment of acquittal dtd. 6/3/2000 passed by the learned 1st Additional Special Judge in Special Criminal Case No.2/99, whereby the respondent has been acquitted of the charges punishable under Sec. 13 (1) (d) read with Sec. 13 (2) of the Prevention of Corruption Act, 1988.
(3.) Brief facts of the case are that the respondent Sunderlal Dhritlahre was posted as Nayab Tahsildar at District Durg in the year 1998. The complainant Rajendra Kumar had filed an application for mutation of his land. It is alleged that the respondent had demanded Rs.2,000.00 as bribe from the complainant for mutation of his land and subsequently, amount of Rs.500.00 was said to be given on 16/6/1998. Thereafter, the complainant reported the matter to the Superintendent of Police (Special Police) Lokayukt, Raipur against the respondent by filing an application (Ex-P/18). The preliminary enquiry was done, thereafter a trap team was directed to be constituted by the SP, Lokayukt. The tape recorder was given to the complainant to record the conversation between him and the respondent/accused. On 16/6/1998 at about 7 am, trap team reached at Bemetara. The complainant Rajendra Kumar (PW-7) was sent to the respondent's house. N. S. Thakur (PW-1), a shadow witness, also went with him. The complainant gave Rs.500.00 bribe money to the respondent and gave indication of the same to the trap team. The respondent was caught red handed and on search, Rs.500.00, total 5 notes of Rs.100.00 was seized from him. The solution of sodium carbonate was prepared and on wash, the colour of respondent's hand changed to pink. After completion of other enquiry and procedures, charge sheet was filed against the respondent. The charges were framed under Sec. 7 and 13 (1)(d) read with Sec. 13 (2) of the Prevention of Corruption Act, 1988.