STATE OF HARYANA Vs. SOM NATH

JUDGEMENT

(1.) RESPONDENT had faced trial in F.I.R. No. 3 dated 2.3.2010 registered at police Station SVB, Ambala under Sections 7, 8, 13(1)(d) of the Prevention of Corruption Act, 1988. Trial Court vide judgment dated 8.11.2012 ordered the acquittal of respondent of the charge framed against him. Hence, the application under Section 378(4) of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) has been filed by the State with a prayer for grant of leave to file an appeal against the judgment dated 8.11.2012. Prosecution story, in brief, was that on 29.1.2010, complainant Ram Kishan Sharma had applied for a licence for sale of fertilizer and had deposited the requisite fee. Respondent, who was working as a steno, had taken Rs. 5,000/ - from the complainant for doing the needful. When the complainant again visited the office of the respondent on 23.2.2010, he had raised a demand of Rs. 10,000/ - more for doing the needful. Complainant approached the office of vigilance bureau. A raid was organised and respondent was caught red handed, while accepting bribe.

(2.) AFTER completion of investigation and necessary formalities, challan was presented against the respondent.

(3.) THEIR lordships of the Supreme Court in Allarakha K. Mansuri v. State of Gujarat, : 2002 (1) RCR (Criminal) 748, held that where, in a case, two views are possible, the one which favours the accused, has to be adopted by the Court.