ARUN KUMAR DEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition filed under Sec. 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) takes exception to the order dtd. 24/8/2021 passed by the Special Judge (PC Act), Ujjain in Special Case No.4/2018 whereby the application preferred by the petitioner under Sec. 311 of the Cr.P.C. is rejected by the Court below.

(2.) In nutshell, the case of the is that he is facing prosecution under Sec. 7, 13(1) and 13(2) of the Prevention of Corruption Act, 1988 (PC Act). The case of the prosecution is that petitioner has received an illegal gratification for executing lease deed in favour of the complainant. The petitioner at the relevant time was working as Manager of District Industries Centre at Ujjain where he was contacted by the complainant for execution of lease deed in his favour. During this process, the petitioner allegedly demanded an illegal gratification which resulted into a trap in which petitioner's hands, pocket and pant were washed in Sodium Carbonate solution which turned pink. Bottles in which washings were kept, were sent to the Forensic Science Laboratory, Rau, District - Indore for analysis.

(3.) In turn, Scientific Officer submitted the report which was filed before the Court below. During the trial, the defence counsel cross-examined the prosecution witnesses who entered the witness box. On the basis of deposition of prosecution witnesses, the petitioner noticed certain discrepancies and thought it proper to file an application under Sec. 311 of the Cr.P.C. for calling the scientific expert for cross-examination. The said application dtd. 17/8/2021 was resisted by the prosecution. The Court below by impugned order dtd. 24/8/2021 disallowed the said application.