STATE OF HIMACHAL PRADESH Vs. PHULAN KUMARI

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 30.6.2011 rendered by the Special Judge (Additional Sessions Judge), Mandi in Corruption Case No. 2 of 2008, whereby the accused -respondent (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under sections 7 and 13 of the Prevention of Corruption Act, has been acquitted.

(2.) CASE of the prosecution, in a nutshell, is that PW -2 Hans Raj was the Manager of bus bearing registration No. HP -28 -2415 and HP -65 -0183. PW -4 Shyam Lal was the owner of buses. He has executed a power of attorney in favour of Hans Raj. Hans Raj used to deposit tax in the office of R.T.O. Accused used to deal with the tax and she used to make entry in the book regarding the payment of tax. State Government has given certain concessions to the bus operators. The same was to be adjusted in the monthly tax. Accused demanded Rs. 3,000/ - for the adjustment of the tax from the complainant. The complainant assured to make the payment of Rs. 3,000/ -. However, he reported the matter to the police by way of written complaint Ex. PW -2/A. Investigation was conducted by PW -13 Gian Singh. He formed a raiding party. He also gave demonstration. Plain water and two empty glasses were brought by HHC Yog Raj. Solution of Sodium Carbonate powder and water was prepared in one glass. Solution of Phenolphthalein powder and water was prepared in another glass. Water did not change its colour. When the contents of two glasses were mixed together, water changed its colour to light pink. Samples of Phenolphthalein power and Sodium Carbonate was taken in two different matchboxes. Hans Raj produced six currency notes worth Rs. 500/ - each. Serial numbers of currency notes were noted. Memo Ext. PW -2/C was prepared. Currency notes were treated with Phenolphthalein powder. These were handed over to Hans Raj with the direction to keep the money in his pocket and not to unnecessarily fiddle with the same. He was further directed to hand over the currency notes to the accused on demand.

(3.) PROSECUTION examined as many as 15 witnesses in all to prove its case against the accused. Statement of the accused under section 313 of the Code of Criminal Procedure was also recorded. She denied the case against her. Accused was acquitted of the charges alleged against her as noticed above.