STATE OF HIMACHAL PRADESH Vs. HEMANT KUMAR

JUDGEMENT

(1.) THE acquittal of the respondent by Special Judge, Kangra at Dharamshala on 30.4.2011 in Corruption Case No. 6 -I/2007 has been assailed by the State in the present appeal.

(2.) ON 3.4.2006 PW -13 again visited the bank, the respondent asked PW -13 to give Rs. 10,000/ - and only thereafter the loan would be sanctioned. The complainant never wanted to bribe the respondent, he brought to the notice of his friend PW -14 Rahul Dev the demand raised by the respondent for sanctioning the loan. PW -13 and PW -14 on 4.4.2006 visited the Vigilance office and thereupon FIR Ex. PW -13/A was registered. PW -16 Ompati Jamwal, Investigating Officer gave demonstration of trap and allied procedure to be adopted. PW -13 handed over Rs. 10,000/ - currency notes in the denomination of Rs. 500/ - each to the Vigilance police which were treated with phenolphthalein powder and handed over to PW -13 complainant with the direction to hand over the said currency notes to the respondent on demand.

(3.) THE Investigating Officer made arrangement of water and the solution of sodium carbonate was prepared with which the hands of the respondent were washed and the colour of the solution turned pink which was collected into a nip Ex. P -22. The recovered currency notes Ex. P -2 to Ex. P -21 were tallied with the already prepared memo and seizure memo was prepared. The Investigating Officer before starting the proceedings gave his personal search to the witnesses in the presence of the respondent. The spot map Ex. PW -16/A was prepared. The respondent was arrested. The statements of the witnesses were recorded. Ex. PW -7/C sanction to prosecute the respondent was obtained and on completion of investigation challan was presented in the Court.