STATE OF HARYANA Vs. MANDALSA RANI

JUDGEMENT

(1.) Respondent-Mandalsa Rani was put to trial for an offence under Section 7 read with Section 13 of the Prevention of Corruption Act, 1988 in the Court of Special Judge, Faridabad. Vide order dated 18.7.1998, respondent was acquitted by the Special Judge, Faridabad. Hence, the State has filed the present appeal against the acquittal of the respondent.

(2.) The case of the prosecution, as noticed by the trial Court in paras 2 to 10 of its judgment, is reproduced here in below :-

(3.) Upon the receipt of the aforesaid complaint Ex.PL the Deputy Superintendent of Police Shri Mahender Singh decided to constitute a raiding party and he accordingly took the complainant Surender Kumar with him at the residence of Shri M. Ram Shekhar IAS (PW7) who was then posted as Additional Deputy Commissioner at Faridabad. There he also called Sub Inspector of Police, namely, Bhoop Singh, Assistant Sub Inspector of Police Sushila Devi and some constabulary. Two wads of currency notes of Rs. 100 each amounting to Rs. 20,000/- and two wads of currency notes of Rs. 50/- each amounting to Rs. 10,000/- were presented by Surender Kumar complainant vide memo Ex.PG. The said four wads of currency notes total amounting to Rs. 30,000/- were then initiated by Shri M. Ram Shekhar and the same were smeared with phenolphthalein powder by the DSP. Thereafter, the same were handed over to the complainant Surender Kumar with the direction that he will go to the Kothi No. 1604 situated in Sector 9, Faridabad where the accused was residing and pass on the said currency notes to her as bribe. SI Bhoop Singh was asked to follow him in plain clothes as a shadow witness with the instructions that he will issue signal to the other members of the raiding party who were to hide themselves at some distance in front of the residence of the accused