STATE OF H.P. Vs. MAHANAND

JUDGEMENT

(1.) The State has challenged the acquittal of the respondent, who was charged for offences under Section 7 and 13 (2) of the Prevention of Corruption Act (hereinafter referred to as the 'Act'). F.I.R. No. 4 of 2010 dated 4.3.2010 was registered by the Police Station, State Vigilance Anti Corruption, Solan.

(2.) The prosecution case in brief is that on 4.3.2010 complainant PW3 Sh. Ashok Kumar telephonically informed Inspector PW15 Sh. Daya Sagar that Patwari of Patwar Circle Shamti accused Mahanand had made a demand for Rs.3,000/- for entering a mutation pertaining to the land of the complainant. The complainant was directed to meet the officials of the Vigilance department at Samlech Bye Pass, Solan. Statement of the complainant under Section 154 Cr.P.C. was recorded. He states that he is a mechanic by profession. His father had land holdings in Shamti and after his death this land fell to his share along with that of his mother and sister. He had asked the Patwari that mutation to be carried out recording this factum. He had filed an application before the Patwari (accused) but till date no action has been taken. He states that whenever the Patwari meets him, he had given assurance to do his work. On the day before this incident, the Patwari met him at Solan bazaar and told him that he should come to the Patwarkhana along with three thousand rupees and his work would be done. He states that he did not want to pay any bribe and in this eventuality action be taken against the accused. F.I.R. Ext.PW8/A was registered.

(3.) The case of the prosecution is that a pre-trap demonstration on the use of phenolphthalein powder and sodium carbonate was given, six currency notes of Rs. 500/- each were produced by the complainant, their numbers were noted, the currency notes were treated with phenolphthalein powder and handed over to the complainant with the direction to keep them in his pocket and to hand them over to Patwari. The parties then proceeded towards the Patwarkhana. After receiving a signal from the complainant, the Vigilance officials caught hold of the accused and thereafter his hand was washed with the solution of sodium carbonate which changed its colour to pink. The numbers of the currency notes were noted. Copy of the application of the complainant addressed to Assistant Collector-II Grade, Solan along with copy of mutation No.600 were taken into possession. The accused has denied acceptance of any money for entering into the mutation as claimed by the prosecution. His case is that he was sitting inside the Patwarkhana and at around 2 p.m. the complainant called him outside. At that time the complainant inserted something into his jacket upon which he caught hold of the accused. On the evidence as produced, the learned trial Court has acquitted the accused.