STATE OF CHHATTISGARH Vs. BABADEEN MALIK

JUDGEMENT

(1.) This Acquittal Appeal is directed against the judgment dtd. 6/4/2009 passed in Special Criminal Case No.2/2008 by the Special Judge (under the Prevention of Corruption Act, 1988) and the First Additional Sessions Judge, Bilaspur whereby, the respondent/accused has been acquitted of the charge under Sec. 13 (2) of the Prevention of Corruption Act.

(2.) Prosecution case, in brief, is that complainant ' Baliram Jaiswal (PW-2) lodged a written report on 31/7/2006 before the Dy. Superintendent of Police, Anti Curruption Bureau, Bilaspur to the effect that after the partition of their land, the Tehsildar, Bilha ordered the concerned Patwari/accused for preparing a separate Rin Pustika in the name of five brothers on 12/6/2006. For the said purpose, the complainant, contacted the respondent/accused 2-3 times, but he started demanding bribe money for the same. On 30/7/2006, the accused made a demand of Rs.1800.00 for preparing Rin Pustika and on negotiation, the amount was settled at Rs.1500.00to be paid as bribe. Since the complainant was not willing to give bribe, he contacted the Anti Corruption bureau. After preparing the Prarambhik Panchnama, a trap was laid for the date '1/8/2006'. After a successful raid and obtaining sanction vide Ex.P/15, the charge sheet was filed.

(3.) During trial, the respondent/accused abjured his guilt and claimed to be tried. In order to prove its case, the prosecution examined as many as 10 witnesses. The respondent/accused stated that he has been falsely implicated in the case and he has not adduced any defence evidence. In his statement, he further stated that against complainant- Baliram Jaiswal and his brother Bahoran, he had registered two encroachment cases, in which, the complainant and his brother were fined. He further stated that he had not received any order from the Tehisldar after the partition in the matter of the complainant. He further stated that on the date of the incident, the complainant had handed over the certified copy of the order to him and when he had gone inside his house, in his absence, to inculpate him in a false case, the bribe money was kept in the register. The accused stated that he was not aware about it and thus, he had not demanded any bribe money from the complainant.