AMAR NATH DUBEY Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 26.7.2012 rendered by the Special Judge, Solan, District Solan in Sessions Trial No. 3 -S/7 of 2011 whereby appellant -accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offences under sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "Act" for brevity sake) has been convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine Rs. 5,000/ - and in default of payment of fine to undergo further imprisonment for two months under section 7 of the Act. He was also sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 15,000/ - and in default of payment of fine to undergo further imprisonment for six months under section 13(2) of the Act. Both the sentences were ordered to run concurrently.

(2.) CASE of the prosecution, in a nutshell, is that PW -1 Balbir Kashyap (complainant) was working in the concern known as "Snarthi" situated near Ambusha Hotel, Solan in the year 2008. His medical bill was pending for reimbursement before the Employees State Insurance Hospital, Chambaghat. Accused was working as Cashier in Employees State Insurance Corporation, Head Office, Parwanoo. Complainant one month before 4.6.2010 had a telephonic conversation with the accused. Accused told him that his medical bill was pending with him and there were some shortcomings and to remove the shortcomings accused demanded Rs. 1,000/ - from the complainant. Complainant asked the accused on 3.6.2010 telephonically about his medical bill. Accused asked the complainant to come on next day and bring Rs. 500/ -. Complainant lodged a complaint Ex. PW -1/A on 4.6.2010 with PW -11 Ramesh Sharma. He was accompanied by PW -2 Mohinder Verma. On the basis of complaint Ex. PW -1/A, FIR Ex. PW -11/A was registered in the Police Station SV&ACB, Solan. Thereafter pre -trap demonstration was held in the office of Vigilance. Complainant Balbir Kashyap produced five currency notes each to the denomination of Rs. 100/ -. Numbers of currency notes were noted down. The currency notes were treated with phenolphthalein powder. The currency notes were handed over to PW -2 Mohinder Verma, a shadow witness with a direction to put the currency notes in the back pocket of trousers of PW -1 Balbir Kashyap. The vigilance officials, complainant and shadow witness proceeded to Parwanoo and they reached there at 2.30 P.M. Complainant Balbir Kashyap and PW -2 Mohinder Verma proceeded first to the office of ESI, Parwanoo. The vigilance officials stayed back. Complainant entered the office of accused. Accused was present there. He handed over the agreed money on demand made by the accused. Accused put the money in cash box. Complainant gave signal to the shadow witness, who further gave signal to the vigilance officials. The vigilance officials immediately rushed to the room of the accused and caught hold of the accused from his wrists. Hands of the accused were got washed with plain water in the presence of PW -3 Smt. Shashi Dua, Branch Manager, ESIC, Parwanoo. Thereafter, solution of sodium carbonate was added upon which hand wash of the accused turned pink, which confirmed the acceptance of treated currency notes by the accused. Accused produced the currency notes from the cash box and numbers of these currency notes were verified which tallied with the numbers already noted down during the pre -trap demonstration. The envelope containing currency notes and a bottle containing hand wash of the accused were seized vide memo Ex. PW -1/C. The spot map Ex. PW -13/A was prepared by PW -13 Inspector Anil Dhaulta. Accused also produced list of reimbursement bill Ex. PW -1/F, receipt Ex. PW -1/G and photocopy of cheque Ex. PW -1/H. These were taken into possession vide memo Ex. PW -1/J. The case property was deposited in the Malkhana. Necessary entries were made in the Malkhana registered vide Ex. PW -5/A. Nip containing hand wash alongwith sample of seal was handed over to PW -6 HHC Rippan Lal vide RC Ex. PW -5/B on 11.6.2010. He took the same to Forensic Science Laboratory, Junga and deposited the same with PW -9 C.L. Sharma, Assistant Chemical Examiner. According to report Ex. PW -9/A, the hand wash was found to be containing traces of phenolphthalein and sodium carbonate.

(3.) MR . G.C. Gupta, learned Senior Advocate has vehemently argued that the prosecution has failed to prove its case.