STATE OF H P Vs. BAL KRISHAN SHARMA

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement dated 11.10.2007 delivered by the Learned Special Judge, Solan in Corruption Case No.2-S/7 of 2007 whereby he acquitted the accused of having committed offences punishable under Sections 7 and 13(1)(d)(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the `Act').

(2.) BRIEFLY stated the facts of the case are that the respondent-accused at the relevant time was working as Senior Accounts Officer in the Bharat Sanchar Nigam Limited (BSNL), Solan. PW/1 Sanjeev Kumar, complainant was running a PCO in Chowk Bazar, Solan. According to the prosecution, the complainant had defaulted in the payment of his bills and he approached the accused for grant of some extra time to pay the amount due. On this, the accused demanded a bribe of Rs.1000/- from the complainant. Thereafter, the complainant alongwith PW/2 Basu Dev approached the vigilance authorities who decided to set up a trap to entrap the accused. The police officials especially PW/9, Anant Ram, Investigating Officer allegedly gave a demonstration to PW/1 and PW/2 about the manner and use of phenolphthalein powder. They gave a demonstration of this powder by putting this powder in one glass and sodium carbonate in another glass. Water was put in each of the two glasses to make a solution. When the solutions of both the glasses were mixed then the colour changed to pink. The accused was also informed that if the currency notes are treated with phenolphthalein powder and someone touches the same, the powder on the notes will stick to the hands and thereafter if his hands are washed with a solution containing sodium carbonate powder then the hands of the said person would also turned pink. The police officials also asked the complainant to telephone the accused to meet him at a particular place.