STATE OF M.P. Vs. SHANKARLAL SHARMA

JUDGEMENT

(1.) FEELING aggrieved by the judgment of absolvitur dated 21.11.2005 passed by learned Special Judge, Gwalior, in Special Case No.11/2004 acquitting respondent from the charges punishable under sections 7, 13(1)(d)/13(2) of the. Prevention of Corruption Act, 1988 (in short "the Act"), this appeal has been preferred by the State of Madhya Pradesh after obtaining leave to file appeal under section 378(3) of the Code of Criminal Procedure, 1973.

(2.) IN brief the case of prosecution is that house No.25/3 -B located at Deendayal Nagar, which was built up by the Housing Board, was allotted to Ramsevak, who is the son of Matadin (hereinafter referred to as the complainant). Said Ramsevak submitted an application to obtain true copy of the lease agreement on 7.10.2003 in the office of the Estate Officer of M.P. Housing Board because the said copy was to be submitted to register the lease -deed. According to the prosecution, the respondent, who was serving on the post of Assistant Grade III in the office of Estate Officer, made a demand of illegal gratification of Rs. 1,000/ - from the complainant to get the true copy prepared, but, the complainant was not keen enough to give any bribe, hence, he submitted a complaint on 15.10.2003 to Superintendent of Police of Lokayukta.

(3.) THEREAFTER , on submitting a currency note of Rs.500/ - and five currency notes having denomination of Rs.100/ - each (in total Rs.1,000/ -), they were, coated with phenolphthalein powder by Constable Ravindra Singh. The pocket of Kurta of complainant was searched by Constable Bhagsingh and in the said pocket treated currency notes were kept with a pacification that after the demand of bribe is made by the respondent, these treated currency notes be given to him by the complainant. Thereafter, Constable Bhagsingh prepared a solution of sodium carbonate in which fingers of Constable Ravindra Singh were dipped and the tinted pink colour chemical solution was collected in a sealed bottle. The hands of other members of trap party were also washed in freshly prepared solution of sodium carbonate, but on dipping the fingers by them, the colour of solution did not change and the unchanged chemical solution of sodium carbonate was also collected in separate sealed bottle. A pre -trap Panchnama was also prepared.