STATE OF H P Vs. SABDA DEVI

JUDGEMENT

(1.) STATE has appealed against the judgment, dated 24.4.2007, of learned Special Judge, Kangra whereby respondent Sabda Devi, who was tried for offences, under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988, has been acquitted.

(2.) PROSECUTION's case may be summed up thus. PW-6 Des Raj visited Police Station, Anti Corruption Zone, Dharamsala on 5.9.1997 and lodged FIR Ex.PW-6/A, that he was unemployed and wanted employment, as a daily wager with Irrigation & Public Health Department, for which he sought recommendation from the Pradhan of the Panchayat, Savita Kumari , who told that a sum of Rs.10,000/- was required to be paid to Inder Mohan Walia, President of the Block and only then employment could be arranged. He again went to Pradhan, Savita Kumari on 5.9.1997 and this time, she told him to arrange Rs.1000/- to Rs.1500/- and submit application, alongwith Character Certificate and two other documents. His report was entered in the Register of FIRs. He was required to produce currency notes of Rs.1500/-. He produced ten notes of the denomination of Rs.100/- each and 10 notes of the denomination of Rs.50/- each. A memo, regarding those currency notes, was prepared. Numbers of the currency notes were mentioned in that memo, Ex.PW-2/A. Those currency notes were then treated with phenolphthalein powder and returned to PW-6 Des Raj, with the direction not to fiddle with them and to pay the same to the Pradhan of the Panchayat. It was also demonstrated to PW-6 Des Raj and PW-5 Rakesh Sharma, shadow witness how solution of phenolphthalein powder and sodium carbonate turned pink, on being added to each other. Des Raj, PW-6 was required to proceed to the house of respondent, in the company of shadow witness, PW-5, Rakesh Kumar. After some time, shadow witness Rakesh Sharma, PW-5 gave a prefixed signal to the waiting police party, upon which the police party, headed by PW-9 N.D.Sharma, Dy. S.P., entered the house of the respondent. Respondent was caught hold of by her wrist and was told that she had accepted bribe. Her hands were got washed. Solution of hand wash, on being added to sodium carbonate, turned pink. Respondent was then required to produce currency notes, accepted by her as bribe. She took out the money from her purse and handed over to PW-9 N.D.Sharma, Dy. S.P. Numbers of currency notes tallied with the numbers, which were mentioned in memo Ex.PW- 2/A. Hand wash was sent to the Chemical Examiner, who opined that it had traces of phenolphthalein powder and sodium carbonate. His report is Ex. PW-9/C.

(3.) PROSECUTION examined nine witnesses, including PW-6 Des Raj, complainant, PW-5 Rakesh Sharma, shadow witness and PW-9 N.D.Sharma, Dy. S.P., who conducted the raid. Respondent, in her statement under Section 313 Cr.P.C., denied having demanded or accepted bribe. Learned trial Court has acquitted the respondent, holding that the case of the prosecution, does not stand proved.