STATE OF HARYANA Vs. BEER PAL

JUDGEMENT

(1.) This is an appeal directed by State of Haryana against the judgment dated 18.5.2001 passed by Sh. M.P. Mehndiratta, Special Judge, Jhajjar, vide which the accused Beer Pal s/o Bhim Singh, who was working as SHO, was acquitted for offence under Section 7/13 of the Prevention of Corruption Act, 1988 (hereinafter to be referred to as "the Act"), in respect of FIR No. 36 dated 2.2.1997, registered at Police Station Beri.

(2.) The accused, a police official of Police Station Beri was sent up to stand trial under Section 7/13 of the Act in respect of FIR No. 36 dated 2.2.1997, registered at Police Station Beri. The case of the prosecution is that accused was working as Sub Inspector and posted as SHO, Police Station Beri. He threatened Diwan s/o Manphul Singh and Balwan s/o Harke Ram, residents of village Matan to involve them in some false case and under that threat, demanded Rs.10,000/- as bribe. He obtained Rs.4,000/- from them and let them off with the condition that they shall hand over the balance of Rs.6,000/- by the evening. The said Diwan and Balwan filed a complaint against the accused before Additional Deputy Commissioner, Rohtak.

(3.) The complaint was marked to the SDM, Jhajjar. A raiding party was organized. Complainant Diwan produced currency notes of Rs.6,000/- which were initialed by the SDM and Phenolphthalein powder was applied thereon. These were then handed over to Diwan with a direction to deliver the same to the accused on demand. Balwan was appointed as shadow witness. Trap was laid on 2.2.1997. The complainant went to the residence of the accused and handed over Rs.6,000/- to him. On getting agreed signal, the members of the raiding party apprehended the accused. The tainted currency notes was recovered from the Niwar of a cot lying in a room of his house. The hands of the accused, pockets of the pants of the track-suit worn by him as well as the currency notes were got washed in sodium carbonate solution separately. These solutions were put in separate bottles and were sealed. Accused was arrested. After completion of investigation, challan was presented in the Court. Copies of documents were supplied to the accused under Section 207 Cr.P.C. and charge was framed for offence under Section 7 of the Prevention of Corruption Act, 1988. The accused pleaded not guilty to the charge and claimed trial.