STATE OF HIMACHAL PRADESH Vs. SURESH KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 24.06.2013, passed by learned Special Judge, Sirmaur, District at Nahan, H.P. in Sessions Trial No. 61/CC7 of 2011, titled as State of Himachal Pradesh v. Suresh Kumar, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that accused Suresh Kumar, on the asking of P.L. Sharma demanded illegal gratification from Gulab Singh (P.W. 1). This was for releasing a sum of Rs. 1,00,000/ -, which amount being due and admissible, was payable by the Department, for execution of certain public works by Gulab Singh. Same day, Gulab Singh reported the matter to the police officials at Paonta Sahib. Balbir Singh (P.W. 12), Dy. S.P. concerned, constituted a team and recorded statement (Ex. P.W. 1/A), on the basis of which FIR No. 9/2010 dated 12.10.2010 (Ex. P.W. 8/A), was registered at Police Station, SV & ACB, Nahan, under the provisions of Section 7 and 13(i)(d) punishable under Section 13(2) of the Prevention of Corruption Act, 1988. Balbir Singh associated independent shadow witness Attar Singh (P.W. 2) and Guman Singh (P.W. 5). Demonstration was given to Gulab Singh, who handed over 30 notes having denomination of Rs. 1000/ - each, which were treated with phenolphthalein powder. Demonstration was given by the police party in the presence of Attar Singh (P.W. 2) and Guman Singh (P.W. 5). Same day, Gulab Singh handed over currency notes to accused Suresh Kumar. They were kept in a drawer of his table. In the presence of all independent witnesses as also complainant (P.W. 1), Inspector Madan Lal (P.W. 3) and Inspector Mal Dutt Sharma (P.W. 11), Balbir Singh (P.W. 12) effected recovery of currency notes which were counted. Hands of accused were washed; sample was collected and when mixed with sodium carbonate, it turned pink. Police seized incriminating material i.e. water sample and the currency notes. With the completion of investigation, Challan was presented in the Court for trial.

(3.) IN order to establish its case, in all, prosecution examined as many as twelve witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he took up the following defence: - -