KRISHAN LAL THAKUR Vs. SHAKTI TRIKHA

JUDGEMENT

(1.) Heard Mr. J.S. Virk, learned counsel for the revisionist, Mr. Sandeep Tandon, learned counsel appearing for opp. party no. 1 and Mr. Nandan Arya, learned A.G.A. appearing for the State/opp. party no. 2. By way of present revision, the revisionist is assailing judgment/order dated 27.03.2001 passed by the Additional Chief Judicial Magistrate, IInd, Dehradun in Criminal Case No. 1171 of 1996, State Vs. Shakti Trikha , acquitting the accused/opp. party no. 1 herein under Sections 384, 506 and 411 IPC, Police Station Garhi Cantt, district Dehradun.

(2.) Brief facts of the present matter are that revisionist/complainant lodged an F.I.R. under Sections 384 and 506 against the opp. party no. 1 at police station Garhi Cantt., district Dehradun alleging therein that complainant is a General Manager of Welfare Society which is a registered society formed/constituted with the object to serve old/aged people free of cost. The accused is Auditor and publisher of Kavita Express. F.I.R. further reads that accused used to give threats to the complainant saying either pay otherwise news would be published defaming the complainant alleging therein that complainant is evetesar and rapist under the constant threat and coercion complainant on 26.12.1995 paid Rs. 5,000.00 to the accused near Hotel Nivesh in the presence of Amit Bhatia s/o C.P. Bhatia. Thereafter, accused once again started demanding Rs. 5,000.00 from the complainant as well as from the wife of the complainant. F.I.R. further reads that complainant has recorded conversation between the accused and the complainant and that cassette is with the complainant. The revisionist/complainant did not inform the police thinking lot of time would be wasted in Thana and courts. When accused once again started pressurising the complainant to pay Rs. 5,000.00 otherwise would be defamed, complainant and his wife personally met with the Superintendent of Police (City) Dehradun on 04.01.1996 and narrated him entire story. The Superintendent of Police (City), Dehradun handed over currency note of hundred after putting his signature to be given to the accused. Thereafter complainant agreed to pay Rs. 5,000.00 to the accused. On 05.01.1996 morning accused informed the complainant on phone that accused would come at 3:00 noon near Hotel Nivesh. F.I.R. further reads that complainant kept Rs. 2,000.00 in khaki envelope including note of Rs. One hundred duly signed by Superintendent of Police (City). On 05.01.1996 at about 3:00 noon the accused accepted envelope from the complainant and kept it in his right pocket, police party raided and caught the accused on the spot and recovered that khaki envelope from the accused and completed all the formalities on the spot.

(3.) After investigation, charge sheet was submitted. During the trial Krishan Lal Thakur (PW-1), Sita Ram (PW-2), Maya Thakur (PW-3), Amit Bhatia (PW-4), Haider Raza Zaidi (PW-5), Mohd. Wasiman (PW-6) and S.I. Om Prakash (PW-7) were examined from the side of the prosecution before the trial court. Audio Cassette (C.D.) was also produced before the court containing the conversation between the accused and the complainant. Khaki envelope in which currency notes were said to have been kept alongwith Rs. 100 currency note containing the signature of Superintendent of Police (City), Dehradun were also produced.