STATE OF HIMACHAL PRADESH Vs. CHANDERMANI

JUDGEMENT

(1.) This is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the acquittal dated 14.3.2002 passed by the learned Special Judge, Una, District Una, in a Corruption case under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988.

(2.) Briefly stated, the facts of the case are that on 7.11.2000 Baldev Raj, complainant, accompanied by one Lal Chand came to A.C. Zone Una office and informed that he is working as a carpenter and he alongwith Lal Chand had worked in the house of one Dr. Pawan Kumar for fixing doors and windows from February, 2000 to July, 2000. He further alleged that a sum of Rs. 17,595/- is due to him and Rs. 14,875/- is due to Lal Chand from the said Doctor, who has only made a part payment to them of Rs. 6,400/- and Rs. 5,900/- respectively, but still Rs. 11,195/- and Rs. 8,975/- is due to them, which he has refused to pay inspite of demand. He further stated, that he had filed an application before the Labour Inspector (C.M. Sharma), respondent herein, but he has not taken any action. It was further alleged that on 4.11.2000 he alongwith Lal Chand had met said Labour Inspector, who stated that summons will have to be issued, for which they have to pay the expenses. He asked about the amount and it was told by the respondent that they can pay some money and complainant volunteered that he will pay Rs. 500/-. Thereafter, the Labour Inspector asked the complainant and Lal Chand to come to his office alongwith money on 7.11.2000. Complainant alleged that he is not ready to get work done by paying money and, therefore, on his statement a case was registered by A.C.Z. Unit Una.

(3.) It is further the case of the prosecution that PW-7 Smt. Rani Devi posted in the Anti Corruption Zone, Una, registered FIR Ext. PB in this regard and requested the Deputy Commissioner, Una, to depute a Tehsildar before recording FIR to conduct the raid. The FIR was lodged in presence of Tehsildar S.K. Prashar PW-3. The complainant gave currency notes of Rs. 500/- to PW-7, who recorded their numbers in Memo, treated them with phenolphethalein powder and demonstrated about the working of the powder. The currency notes were put in the pocket of the complainant with a direction to hand over the amount to the accused on demand. PW-2 Lal Chand was made a shadow witness to the police when the money was given. Both the complainant Baldev Raj accompanied Lal Chand PW-2 were sent to the office of accused and other persons were present at another place in the bazaar. It is further the prosecution case that at 1.30 or 1.45 p.m. PW-2 Lal Chand came and told them that the accused had asked them to go for lunch and to come again after lunch. They went to the office of the accused at 2.30 p.m. The respondent came out of his office and after he had accepted the money he was caught hold of by the police party and his hand wash was taken according to the procedure and recovery was effected. After investigation the challan was filed in the Court and the case was tried by the learned Special Judge, Una, who framed the charge as detailed above and tried the respondent, leading to his acquittal.