STATE OF U.P. Vs. PRAMOD PATHAK

JUDGEMENT

(1.) The application for leave to appeal has been moved by State against the judgment and order dated 27.7.2016 passed by Special Judge (Anti-Corruption) Court No.2, District Gorakhpur, acquitting the respondent Pramod Pathak from the charges under Sections 7 and 13(2) of Prevention of Corruption Act.

(2.) The brief facts relating to the case are that Vinod Kumar Yadav, Dy. Superintendent of Police, Anti-Corruption Cell, Gorakhpur caught the respondent Pramod Pathak and Bhism Yadav at the time of taking a bribe of Rs. 50.00 by each of them from the drivers/owners of Vehicle No. U.P.-32-CN-3864 Mahindra Pickup and U.P.-32-CN-4413 Tata 207 which were loaded with Gooseberry (Aonla). According to the prosecution case, Mansa Ram and Soni @ Sanjeev, the two drivers of above vehicles accompanied with traders Mohd. Ajiz and farmer Ramdeo Dwivedi reported the first informant that they are fed-up with demand of Rs. 50.00 from each vehicle by the policemen at Nausad Chauki, upon which the two currency notes of Rs. 50.00 each one provided by each of them bearing no. 5CQ237644 and 1DQ721048 were treated with Phenolphthalein powder and returned after wrapping the notes separately in white papers. It is also alleged that in vehicle no. U.P.-32-CN-3864 Constable Ram Samujh Yadav and in vehicle no. U.P.-32-CN-4413 Constable Chandrabhan Mishra were got seated and Inspector Mahima Pratap Rao accompanied with Inspector Ajay Kumar Rai, Constable Shailendra Kumar Rai and the first informant followed the two vehicles by Government Jeep and when the respondent and another asked for entry fee from the traders of the two vehicles the duly treated two currency note of Rs. 50.00 were provided by them each one to the respondent and another and the raid team caught them red-handed on the spot and completed the further proceedings.

(3.) In order to prove its case, the prosecution has produced P.W. 1 Ramdeo Dwivedi (vehicle owner), P.W. 2 Mansa Ram (driver), P.W. 3 Sanju @ Sanjeev (driver), P.W. 4 Vinod Kumar Yadav (first informant and In-charge of Trap Team), P.W. 5 Mohd. Ajiz (vehicle owner), P.W. 6 Constable Upendra Sharma (Scriber of Chik F.I.R.) and P.W. 7 Lok Nath Yadav (Investigating Officer). Out of the above prosecution witnesses P.W. 1, P.W. 2, P.W. 3 & P.W. 5, who all are witnesses of fact have not supported the prosecution case and have been declared hostile. P.W. 4, P.W. 6 and P.W. 7 are formal witnesses. Upon analysis of evidence on record, the learned Special Judge, (Anti-Corruption) Court No.2, District Gorakhpur, came to the conclusion that from the evidence on record, the charges of offence under Sections 7 and 13(2) of Prevention of Corruption Act have not been proved against the accused-respondent beyond reasonable doubt and consequently the accused has been acquitted. Feeling aggrieved with which the State preferred this appeal with an application for leave to file appeal.