STATE OF H P Vs. JITENDER KUMAR SHARMA

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment, dated 28.3.2007 of learned Special Judge, whereby respondent Jitender Kumar Sharma, a Junior Engineer in Public Works Department, has been acquitted of the charge, under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988.

(2.) PROSECUTION case, which led to the charging and trial of the respondent, may be stated. PW-1 Suraj Verma is a transporter by occupation and runs a few buses on a road known as Chamba-Bairagarh route. Transporters are required to pay huge amount of money on account of road tax. It appears, they get some discount in case due to road blockade or bad road condition, they cannot operate buses on the prescribed routes during any part of the period(s) for which tax is payable.

(3.) PW-1 Suraj Verma reported the matter to Dy. S.P. (Vigilance), namely PW-11 Krishan Chand, on 7.4.2005 at a place called Pukhri, where the Dy. S.P. happened to be present on that day. His report was recorded in the form statement, under Section 154 Cr. P.C, which is Ext. PW1/A. The office of the respondent is also at Pukhri. Dy. S.P. required PW-1 Suraj Verma to produce currency notes of `1000/-, upon which two notes of the denomination of `500/- each were produced by him. Those notes were treated with phenolphthalein powder. PW-1 Suraj Verma was directed not to fiddle with those currency notes, until the same were delivered, on demand, to the respondent. It was demonstrated to Suraj Verma as also the shadow witness PW-10 Sushil Kumar, accompanying him, how the solutions of powders of phenolphthalein and sodium carbonate, on being added to each other, turned pink.