STATE OF HARYANA Vs. VINOD KUMAR AND ANOTHER

JUDGEMENT

(1.) Criminal Misc.No.11237 of 2011

(2.) Criminal Misc. No.238-MA of 2011

(3.) Briefly, the facts of the prosecution story are that on 14.11.2007, complainant Dharampal accompanied by one Bijender approached Inspector Phool Singh at the Vigilance Bureau by submitting a written complaint. As per contents of the complaint, a Labour Company owned by Ashok under the name and style of 'Durga Labour Company' was given a contract by Housing Board, Bhiwani for lifting garbage for an amount of Rs. 5,25,000/-. The work of contract was completed by the complainant but an amount of Rs. 50,000/- was due towards Housing Board, which was not paid. Sh. Vinod Thakur, SDO of the department was contacted, who asked him to pay Rs. 5,000/-to Junior Engineer Shishpal, who was also sitting with him. Complainant said that he was not willing to give bribe and an intimation in this regard was given to Inspector Phool Singh. On the basis of said complaint, a raiding party was constituted and Tehsildar Bijender Bhan being Duty Magistrate was also directed to join the raiding party by Deputy Commissioner, Bhiwani. Said Tehsildar was appointed as shadow witness. Currency notes worth Rs. 5000/- were handed over to the complainant by applying Phenolphthalein powder and the complainant was directed to hand over the same to SDO Vinod Thakur on demand. The raiding party reached at the spot. Said amount was recovered from the pocket of SDO Vinod Thakur. His hands and shirt were got washed with the water containing sodium carbonate, which were turned pinkish. Samples were sealed with the seal bearing letters BSB, which were taken into possession vide separate recovery memos. On the basis of said proceedings, a case under Sections 7 and 13 of the Prevention of Corruption Act and Section 120-B of Indian Penal Code was got registered against Vinod Thakur SDO and Shishpal JE. Both of them were arrested and their statements under Section 161 Cr.P.c. were recorded. After completion of investigation, the challan was presented against accused persons. Subsequently, they were charge sheeted for commission of offence and they faced trial. The trial Court vide judgment dated 28.04.2010 acquitted both the accused by giving them benefit of doubt.