STATE OF HIMACHAL PRADESH Vs. ANIRUDH KUMAR

JUDGEMENT

(1.) By way of instant Criminal Appeal, challenge has been laid to judgment of acquittal dtd. 22/2/2014, passed by learned Special Judge Kangra at Dharamshala, H.P., in Corruption Case No.3-J/2011, titled State versus Anirudh Kumar and another, whereby Court below held respondents-accused(hereinafter referred to as the accused) not guilty of having committed offence punishable under Ss. 7 read with Sec. 12 and 13(1)(d)(1) read with Sec. 13(2) of Prevention of Corruption Act and accordingly acquitted them.

(2.) Precisely, the case of the prosecution as emerge from the record is that SHO/Inspector, police Station, SV & ACB Dharamshala, District Kangra H.P., presented challan for trial against the accused for their having allegedly committed offence punishable under Ss. 7 & 13(2) P.C. Act, 1988 and 120-B IPC in Case FIR No. 8 of 2010, dtd. 24/5/2010, Police station SV & ACB Dharamshala, District Kangra, H.P., alleging therein that on 25/5/2011, accused Anirudh Kumar, Deputy Ranger, Jawali Block of Jawali Range and accused Megh Raj, Forest Guard, Naina Beat of Jawali Range, demanded bribe from the complainant Narender Singh. Police alleged that one Bir Singh (PW-1) was raising construction of his house and there existed a "Share-Aam-Path" (Common) near his house, which was being widened by using JCB of person namely, Narender Singh (PW-2) and while path was being widened, a tree of 'Amaltash' was uprooted by JCB. Accused came on the spot and forcibly took away the keys of JCB. Police alleged in the challan that both accused told PW-2, Narender Singh to bring Rs.15,000.00to be paid to them as bribe in lieu of return of the keys. On 24/5/2010, complainant Narender Singh along with one Bir Singh approached the office of Vigilance Bureau and made a complaint Ex.PW2/A regarding demand of bribe made by both the accused. On the basis of compliant Ex. PW2/A, FIR (Ex PW17/A) was registered by Inspector Asha Kumari (PW-17). After registration of the FIR, case was entrusted to Inspector Bhisham Thakur for investigation, who after having associated Ravinder son of Prem Singh as shadow witness and Constable Navneet Kumar alongwith complainant Narender Kumar, made a plan to catch hold accused red handed while taking bribe. Above named Investigating Officer gave demonstration to the persons associated by him that how currency notes treated with solution of phenolphthalein and sodium carbonate is to be kept by the complainant for giving it further to the accused. Inspector Bhisham Thakur, after having taken thirty currency notes of the denomination of 500/- each from the complainant Narender Kumar, which were treated with phenolphthalein powder, prepared memo Ex. PW2/C and asked the complainant to put the said currency notes in his pent pocket and hand over the same to the accused when they demand for it. Inspector also instructed shadow witness Ravinder Singh to give a signal when such amount is accepted by the accused. As per prosecution, members of the trap party hid themselves outside the office of Ranger and the moment shadow witness Ravinder signaled, then Inspector Bhisham Thakur i.e. Investigating Officer alongwith other members of the trap party ran to upper storey of the office of Ranger and found accused Anirudh sitting in his office Chair and co-accused Megh Raj Forest Guard sitting right in front of accused Anirudh. Inspector Bhisham Thakur after having given his introduction, caught hold accused Anirudh from his left arm wrist and HHC Jagroop caught hold of the accused Anirudh from his right arm wrist and thereafter Inspector Bhisham Thakur took out one small box from his investigation attach, which was containing sodium carbonate, and plastic bowl, empty glass tumblers, one empty liquor quarter and cleaned them thoroughly and also washed his own hands and thereafter put sodium carbonate in the empty glass tumbler and put water in it and prepared its solution and got washed the hands of accused Anirudh in the sodium carbonate solution in the plastic bowl, whereafter the colour of solution in the bowls turned slightly pink and the hand-wash solution was taken in a glass quarter and sealed with seal impression "P". It is further alleged by the prosecution that on inquiry accused Anirudh took out thirty currency notes of the denomination of ?500/- each from the front pocket of his shirt worn by him and the same were tallied by independent witnesses, Surinder Kumar Pradhan, Gram Panchayat Palahara and the currency notes Ex. P3 to P32 were found to be the same, which were earlier treated with phenolphthalein powder and described in the memo Ex. PW2/C. After having effected aforesaid recovery of currency notes from the accused, police after completion of all the necessary codal formalities registered FIR against the accused and presented the challan in the competent court of law.

(3.) Learned trial Court on the basis of the material made available to it found prima-facie case against the accused and accordingly, charged them under Sec. 7 read with Sec. 12 Prevention of Corruption Act and 13(1)(d)(1) read with Sec. 13(2) of Prevention of Corruption Act, to which they pleaded not guilty and claimed trial.