STATE OF M.P. Vs. L.P. PATHAK

JUDGEMENT

(1.) THE appellant -State has preferred this appeal under Section 378 (3) of the Code of Criminal Procedure, feeling aggrieved by the impugned judgment dated 20.6.2000 passed by Special Judge, Gwalior in Special Case No. 1/99, whereby acquitted the respondent/accused from the charge under Sections 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'P.C. Act' for brevity).

(2.) BRIEFLY stated the facts of the case are that at the relevant time on 17.9.98 the respondent/accused was posted as Assistant Labour Commissioner at Gwalior as a public servant. Complainant Santosh Sharma, a supplier of labourers at Bhind, had filed an application for the grant of licence as per the provisions of Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as the Act No.37 of 1970") - This application has been filed by the complainant in the office of the respondent/Asst. Labour Commissioner, which had been received by the Inward Clerk of the concerning office and thereafter it is alleged that when complainant Santosh Sharma met with the respondent/accused then he had demanded the bribe of Rs. 5000/ - from the complainant. On this illegal demand the complaint Santosh Sharma had contacted the Special Police Establishment, Gwalior and lodged a written complaint for the alleged illegal demand by the respondent/accused, a public servant, on which basis the concerning D.S.R Lokayukta Amar Singh Bhadoriya authorised Ram Singh Bhoj, the Inspector of Police Establishment for necessary arrangement of the proposed trap, on which basis the independent witnesses had been called and phenolphthalein powder had been spread on the currency notes of Rs.5000/ - and they had been handed over to complainant Santosh Sharma for their delivery to the respondent/accused. On 17.9.98 a trap had been arranged. The trap party reached to the house of respondent/accused and then complainant Santosh Sharma had been asked to deliver the bribe money to the respondent/accused and thereafter make certain signal. On this the complainant Santosh Sharma entered into the house belonging to the respondent/accused and handed over the currency notes of Rs.5000/ - and thereafter made certain signs, on which the trap party together with the independent witnesses entered into the room, caught the respondent/accused and Seizing Officer R.C. Bhoj (PW 11) seized the bribe money from the pocket of the shirt of respondent/accused and prepared the seizure memo; also washed the hands of the respondent/accused, the water colour turned into pink and then pink coloured water had also been preserved in three bottles. The seized currency notes had also been sealed. The respondent/accused had been arrested, thereafter the trap party returned back to the office, registered a case under Section 13 of the PC Act against the respondent. After the arrest the respondent had been released on bail. The sealed bottles of the preserved pink coloured water had been sent for its examination to the Forensic Science Laboratory, from where report had been received, wherein in the presence of phenolphthalein powder had been found proved. After obtaining sanction for the prosecution from the parent department of the respondent/accused the charge sheet had been filed before the Special Judge, Gwalior.

(3.) THE respondent/accused before the trial Court abjured the guilt and his defence is of false implication. The learned trial Court after due appreciation of the entire prosecution evidence on record by the impugned judgment dated 20.6.2000 acquitted the respondent/accused from the aforesaid charges. Feeling aggrieved by which the appellant -State has preferred this appeal against acquittal after obtaining leave to appeal.