STATE OF H. P. Vs. SURESH KUMAR

JUDGEMENT

(1.) The State of H.P., becoming aggrieved, from, the verdict, of, acquittal, pronounced on 2.9.2015, upon session trial No. 02/2012, by the learned Special Judge, Mandi, hence has thereagainst preferred the extant appeal, before this Court. Therethrough(s), both the accused became acquitted, for a charge(s) drawn against them, under Section(s) 7, and, under Section 13(2), of, the Prevention of Corruption Act, and under Section 120-B, of, the Indian Penal Code, and, in respect whereof, FIR No. 16/2011, of, 1.3.2011, became lodged with the Police Station, State Vigilance and Anti Corruption Bureau, Mandi, District Mandi, H.P.

(2.) The genesis, of, the prosecution case, is, embodied, in the statement, made by the complainant, statement whereof, is, embodied in Ext. PW1/A, wherein he ascribes an inculpatory role, of, theirs' demanding illegal gratification, from him, and, he also makes therein penal ascriptions qua him, vis ?-vis, his making payment(s), of, bribe money, to him/them. The work, in respect whereof, the afore demand, is alleged to be made by the afore, is, constituted, in the complainant, being awarded works, to, load and unload the commodity items, at Civil Supply Corporation Depot, at Jamsai. He also makes echoing(s) therein, vis ?-vis, after his drawing a sum of Rs. 1,34,000/- from the bank concerned, the accused asking him, to carry the afore sum(s), of, money, to him, at the office concerned, for ensuring that some amounts, of, money(s), become deducted therefrom, hence as payment(s), of, bribe money to him. The necessity, of, the complainants' hence succumbing to the afore demands, towards illegal gratification, as, made upon him, by the accused, is embedded in threats, of, cancellation, of, contracts, being meted to him, by the accused. In pursuance to the making, of, Ext. PW1/A, a formal FIR, comprised in Ext. PW5/A, became lodged with the police station concerned.

(3.) A sum, of, Rs. 1,34,000/ was taken, into possession, through memo borne in Ext. PW1/B.Through memo, borne in Ext. PW1/C, the afore sum(s), of, money, was handed over to one Amar Singh. Also, through memo drawn, in Ext. PW1/E, a sum of Rs. 98,550/- was handed over to Amar Singh. However, through memo drawn in Ext. PW1/F, a sum of Rs. 35,450/- became recovered from the drawers, of, one Jeevna Thakur. At the outset, the afore recovered sum, was sealed in a cloth parcel, Ext. P4. Despite the afore sums, of, Rs. 35,450/-,becoming recovered, through memo Ext. PW1/F, from the drawers, of, the table, assigned to co-accused Jeevna Thakur, yet, hence obviously, when the afore sum became hence not treated with the chemical concerned, and nor was thereafter, accepted, from the purported decoy witness, by the afore co-accused, Jeevna Thakur, nor the latter became nabbed red handed, hence with the afore moneys (i) thereupon, there was no necessity, vis ?-vis, the hands of each, of, the accused, being washed hence with the chemical concerned.