STATE OF HIMACHAL PRADESH Vs. DEV RAJ

JUDGEMENT

(1.) This appeal has been preferred by the State against the judgment passed by the learned Special Judge, Solan acquitting the respondent for offences under Sections 7(13), 1(d) and 13(2) of the Prevention of Corruption Act (hereinafter referred to as 'the Act'). The case of the prosecution in a nutshell is that the accused had made a demand of illegal gratification of Rs. 500/- for tagging each cow, which had been purchased by the villagers. Adverting to the facts of the case, PW2 Sandhya Sharma, submitted a complaint Ext. PW2/A, dated 21.6.2010 to PW23 Inspector Vigilance Anil Dhaulta who was accompanied by AST Kamal Dev, HC Anil, HHC Madan Lai and Constable Madan at Darlaghat. It was stated therein that she is a permanent resident of village Badal. In the year 2003, the Panchayat of the area started a Self Help Group scheme of which she was the secretary. A person from the Block Development Office, (B.D.O.) Kunihar informed them about a scheme for obtaining loan for the produce of vegetables and to increase the output of milk etc. The lady members of the group applied for the benefit of the loan scheme. The formalities of signing the forms etc. were completed by an officer of the B.D.O. office. These forms were signed by the members desirous of obtaining loan for purchase of a cow. These forms were later on processed/checked by the Pardhan, Gram Panchayat and the Manager, State Bank of Patiala, Navgaon and deposited with the BDO office, Kunihar in February, 2010. The Manager, State Bank of Patiala, Navgaon telephoned her and informed her that the loan for purchase of cows has been sanctioned. A total amount of Rs. 3 lacs was sanctioned to the members, which according to her, was distributed between them equally. (hamara kul loan Rs. 3,00,000/- manjoor hua tha. Jo humane aapas mein baanta va gai kharidi.) (Translation: our total loan of Rs. 3 lacs was sanctioned which was distributed among themselves and bought the cows.) Thereafter, in the month of May, accused Dev Raj Sharma was called for conducting the medical examination of the cows which he did at the village of the loanees. The photographs of the cows were also taken for the purpose of insurance. On 21.6.2010 she went to the State Bank of Patiala and obtained tags from the branch bank at Navagaon. (21.6.2010 ko main apne samuh dwara kharidi gai gauon to lagne vale loan vale tag bank branch Navagaon se lekar aai. Maine aaj din ko hi Dr. Devraj Sharma ji ko 94184-51558 par phone par bataya ki aap hamare samuh dwara loan par lee gauon ko tag lagaane ke liye hamare gaon aaye. Jis par Dr. Devraj ne kaha ki main tag tumari loan vaali gauon ko tag nahi lagaunga, jab tak aap va aapke samuh kee sabhi sadasay jinohne loan liya hai mujhe gauon ko tag laggane ke liye prati gai Rs. 500/- jo kul Rs. 5000/- rupaye batoaur rishwat nagad na denge. Main aur mere samuh kee mahilayen rishwat dekar loan par lee huai gauon ko tag nahi lagana chahti.) (Translation: On 21.6.2010 I went to the bank to obtain the tags to affix on the cows, which we had purchased on loan. Today itself, I called Dr. Dev Raj on telephone No. 94184-51558 that he should visit our village to affix the tags on the cows, on which Dr. Dev Raj replied that he would affix the tags on the cows which they have purchased by raising loan only when each member of the group who has bought the cow on loan will pay Rs. 500/- each in cash in all Rs. 5000/- as bribe. I and other lady members of the group do not want to pay any bribe.)

(2.) This is the gist of the offence alleged against the doctor on 21.6.2010. It is pursuant to this, the raiding party etc. has been formed and subsequent action taken. The core of the offence is the fact that a demand that had been made by the accused-respondent for tagging of the cows is an illegal gratification of Rs. 500/- per cow. The case of the appellant is one of the total denial.

(3.) Pw2 Sandhya Devi states that respondent Dev Raj is a veterinary doctor posted in the hospital at Darlaghat. She is the Secretary of the Self Help Group, Badal which works for the welfare of the general public helping others in small agricultural, horticultural and diary produce etc. The group was granted a loan by the State Bank of Patiala, Navgaon from the Block Development Office, Kunihar for the purchase of cows. This information was conveyed to her by the Block Development Office. Loan application forms Ext. PW1/A-4 and Ext. PW1/A-5 are signed by the members of the group who were the beneficiaries and they appended their thumb impressions etc. A loan of Rs. 3 lacs was sanctioned to the group and each beneficiary was sanctioned Rs. 30,000/- for the purchase of a cow each. The accused was a veterinary doctor who was contacted on mobile phone No. 94184-51558. She asked the doctor to conduct the medical examination which he did after some persuasion by the villagers on the next date about 5.30 PM in the evening when all cows were tagged by him and photographs were taken. He asked them to come to the hospital to get the medical certificates of those cows which were checked by him on that day. On the next day, she could not visit the accused as she was suffering from some problem. She therefore sent two villagers to meet the accused and asked him to hand over the medical certificates of the cows, but he did not hand over the medical certificates to them stating that there was some problem in the motor cycle on which he was travelling and reached only 9.30 PM and some of the photographs taken were not clear. He asked the villagers to come on the next date with some clear and distinct photographs of the cows. On that day, she sent two persons namely PW7 Badri and Babu Ram (he was not produced as a witness). She requested him on telephone that since she could not walk due to some problem in her foot, the medical certificates of the cows be sent with these two persons. The respondent-accused refused to hand over the medical certificates unless a sum of Rs. 500/- per cow was not paid by the members of the Self Help Group. She states that she was unwilling to pay this amount as beneficiaries were poor persons and the loan was still to be disbursed. The medical certificates were delivered after eight days to Babu Ram with a further direction to pay the amount of his "fee" failing which he would not affix the tags on the animals. When the loan was released to the beneficiaries, she went to the police and disclosed the demand of illegal gratification being made by the appellant. She proved on record Ext. PW2/A which was the complaint written by her. The other part of her statement, which relates to the conducting of raid etc. to which I will advert later. In cross examination, she says that she is educated upto matriculation. The complaint Ext. PW2/A, which is in her hand writing, was handed over to the Deputy Superintendent of Police was written at Darlaghat at around 2.15 PM in the evening. She says that she does not remember the date when the loan was sanctioned but the forms had been filled up in the month of January. The loan was disbursed to them on 16.6.2010. According to her, the loan was disbursed only after purchasing cows. A sum of Rs. 2 lacs had been disbursed as loan to the members of the society. She could not remember the date of the application. She says that their group meets quite often and the factum regarding the raising of loan as also the other activities are reduced into writing in the register meant for which purpose. She says that