STATE OF CHHATTISGARH Vs. CHANDRA KUMAR SINHA

JUDGEMENT

(1.) This acquittal appeal has been preferred by the appellant/State against the impugned judgment dtd. 30/6/2005 passed by the learned First Additional Sessions Judge and Special Judge (Prevention of Corruption Act), Raipur (C.G.) in Special Criminal Case No. 17/2002 whereby the learned trial Court has acquitted the respondent of the charges under Ss. 7 and 13 (1)(d) r/w Sec. 13(2) of the Prevention of Corruption Act, 1988.

(2.) Brief facts of the case are that at the time of incident i.e. on 19/12/2001, respondent was posted as Patwari, Patwari Halka No. 2/47 in Village- Rawa, Tehsil and District- Dhamtari (C.G.). Being a public servant, he demanded a sum of Rs.5000.00 from the complainant for mutation of his land, thereafter, complainant filed complaint against the respondent before Lokayukta, Raipur, C.G. On the basis of said complaint, Superintendent of Police, Special Police Establishment, Raipur constituted a trap team and after preliminary proceeding, trap team went with the complainant. Complainant gave a sum of Rs.5000.00 to respondent and trap team caught him red-handed. After completion of investigation, charge-sheet was filed against the respondent and charges were framed as mentioned above.

(3.) So as to hold the accused/respondent guilty, the prosecution has examined as many as 9 witnesses and statement of the accused/respondent was also recorded under Sec. 313 of the Cr.P.C. in which he denied the charges levelled against him and pleaded his innocence and false implication in the case. Respondent/ accused has also examined 5 witnesses in his defence and filed D1-D3 documents.