STATE OF HIMACHAL PRADESH Vs. PARKASH CHAND

JUDGEMENT

(1.) STATE has appealed against the judgment, dated 11.8.2008, of Special Judge, Hamirpur, whereby Respondent Parkash Chand, who was tried for offences, punishable, under Sections 7 and 13(2) of Prevention of Corruption Act, has been acquitted.

(2.) PROSECUTION case, as per evidence led during trial, is that a daughter named Leela Devi of PW -2 Brij Lal, was married to one Mehar Singh. Another daughter of PW -2 Brij Lal, named Kamlesh Kumari, was married to Kehar Singh, a brother of the husband of earlier named daughter Leela Devi of said Brij Lal. Mehar Singh allegedly gave beatings to Leela Devi, on 8.8.2006. Leela Devi informed her sister Kamlesh Kumari. Both the sisters then went to Police Station Nadaun in Hamirpur District and lodged report Ext. PW5/A. Leela Devi was sent to Community Health Centre, Nadaun, for medical examination, from where she was referred to District Hospital, Dharamshala. Instead of taking her to Dharamshala, complainant took her to Ludhiana, where better treatment was considered to be available. She remained under treatment for 2 -3 months.

(3.) THREE -four days after the aforesaid demand for bribe, PW -2 Brij Lal went to Vigilance Cell at Hamirpur and lodged FIR Ext. PW2/A against the Respondent. Vigilance People asked PW -2 to produce currency notes ofRs. 4000/ -. He produced one currency note ofRs. 1000/ - and six currency notes of the denomination ofRs. 500/ - each. Those currency notes were treated with phenolphthalein powder and it was demonstrated to PW -2 Brij Lal and PW -3 Vipan Kumar, who was accompanying him, how the solutions of phenolphthalein and sodium carbonate, when mixed, turned pink. PW -3 Vipan Kumar was required by vigilance people to act as shadow witness. The signal that was fixed was that the shadow witness would touch his ear with one of his hands, after the acceptance of tainted money, by the Respondent. Thereafter PW -2 Brij Lal and shadow witness PW -3 Vipan Kumar were required to proceed to Police Station, Nadaun, where Respondent was posted as Head Constable. Vigilance people, accompanied by PW -1 Prabhat Chauhan, Tehsildar, waited outside the Police Station. PW -2 Brij Lal, per his testimony, spotted the Respondent in the courtyard, near a well in the complex of Police Station, and handed over the tainted money there. Shadow witness PW -3 Vipan Kumar apprised the waiting vigilance people of acceptance of bribe money, by means of pre -fixed signal. Vigilance people, accompanied by PW -1 Prabhat Chauhan, Tehsildar, entered the Police Station and overpowered the Respondent. Tainted money was recovered from him. He was made to wash his hands. To the hand -wash solution of sodium carbonate was added and the same turned pink. Tainted money was recovered from the Respondent by Vigilance Inspector Mast Ram (PW12), in the presence of PW -1 Prabhat Chauhan, Tehsildar and PW -7 Ashish Sharma, Inspector/SHO, Police Station, Nadaun.