STATE OF H P Vs. SUKHDEV SINGH RANA

JUDGEMENT

(1.) This State appeal is directed against the judgment of acquittal recorded by learned Special Judge, Chamba dated February 21, 2003.

(2.) It appears, respondent Sukhdev Singh, hereinafter referred to as "the accused", was tried by the learned Special Judge, Chamba under Section 7 read with S. 13(2) of the Prevention of Corruption Act, 1988 ("Act" for short) and was acquitted by the impugned judgment. Prosecution case ;"

(3.) Accused Sukhdev Singh was posted as Block Development Officer, Mehla in the District of Chamba in the year 1997. Chain Lai Pradhan of Gram Panchayat Gagla was awarded two works by the Block Development Officer, Mehla, i.e. : (a) Construction of Government Primary School, Gagla and (b) Construction of School at Kuran, in Gram Panchayat, Gagla. Complainant executed both the works but he was not released final payment(s) of the two works. Rupees 14,000/- were due in respect of the work of construction of School building and rupees 20,400/- in respect of the construction of Kuhal. Complainant Chain Lal met the accused for the release of the amount due to him. Accused demanded rupees 2000/- as illegal gratification for releasing the amount to the complainant. On July 21, 1997, he visited the accused in his office when accused demanded rupees 2000/- for releasing both the payments. The complainant then told the accused that he has no money to pay him and asked him to release the payment of one of the works so that he is able to pay of rupees 2000/- to him and second instalment may be released to him after he had paid rupees 2000/-, as illegal gratification, to him. On this understanding, accused released payment, i.e. last instalment (in respect of construction of kuhal) amounting to rupees 20.400/- on September 22, 1997 and directed him to visit his office on September 25, 1997 along with bribe money of rupees 2000/- so that the cheque of rupees 14,000/- in respect of the construction of School is released to him. The complainant informed his friend Karan Singh on September 25, 1997 about the demand made by the accused. Both of them came to the office of the Deputy Superintendent of Police Anti-Corruption, Chamba and informed the Deputy Superintendent of Police Sukhdev Sharma (P.W. 12) about the demand of illegal gratification by the accused. On the complaint made by Chain Lal complainant, a formal FIR (Ex. P.W. 1 /A) was recorded by the Deputy Superintendent of Police. A trap was organized. The complainant handed over 20 currency notes each of rupees 100/- denomination to be used as trap money. The number(s) of the currency notes, thereafter, were noted on the Memo Exhibit P.W. 1/C and thereafter currency notes were treated with phenolphthalein powder. The treated currency notes were put inside the front pocket of the shirt of the complainant. The complainant was directed to give these currency notes to the accused on the demand which may be made by him. Deputy Superintendent of Police constituted a raiding party which included, apart from the Deputy Superintendent of Police, Karam Singh as shadow witness, Mr. R. S. Sharma, Tehsildar Chamba, Som Raj Sub-Inspector, Ranjit Singh Head Constable, Rakesh Kumar and Syed Mohammad constables. The complainant and shadow witness were directed to go to the office of the accused with the direction that on demand made by the accused, the complainant shall hand over the treated notes to the accused. Karam Singh was directed that after the currency notes are handed over to the accused, he would give a signal by moving his right hand around his face on which the Police raiding party would reach the accused. The other members of the raiding party followed in a private vehicle.