STATE OF H. P. Vs. SURESH KUMAR

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 10.7.2000 passed by the Special Judge, Sirmaur District at Nahan, H.P. in Corruption Case No. 5-CC/7 of 1999, titled as State v. Suresh Kumar, acquitting the accused of the charged offence.

(2.) AS per the case of the prosecution, the accused was posted as Superintendent in the office of the Executive Engineer, HPPWD (B&R Division) at Paonta Sahib, H. P. and was dealing with official matters. On 4.2.1997, complainant Mohinder Singh approached the accused for getting himself registered as Class-D Contractor when the accused demanded a sum of Rs.500/- for processing his application. Complainant being a poor person, however, agreed to pay the same after making necessary arrangements. The accused made an endorsement for the deposit of the requisite fee and handed over the application back to the complainant for the said purpose. After having deposited the said amount with the SDO, PWD, Paonta Sahib, the complainant again approached the accused on 8.2.1997 and submitted the said application along with the documents when a similar demand was again made by him. As the complainant was not carrying the demanded amount, the accused asked him to bring the same on 18.2.1997, on which date, the complainant again met the accused in his office at 10.00 A.M. and expressed his inability to pay the demanded amount. At that the accused refused to process the application. Shri Mohinder Singh (PW-7) having left with no alternative promised to come back with the amount on the same day.

(3.) THE raiding party proceeded to the office of the accused in the Mini Secretariat, Paonta Sahib and at 11.00 A.M. on 18.2.1997, on demand, PW-7 handed over the treated currency notes to the accused in his office. PW-8 having seen PW-7 give the currency notes to the accused, signaled to PW-9 & PW-11 who apprehended the accused. The hands of the accused were secured and were dipped in the solution of Sodium Carbonate which became pinkish. The sealed bottle of the hand washed sample was sent to the Chemical Examiner, which was reported to be the solution of phenolphthalein powder and sodium carbonate vide FSL report Ext.PH. The sanction for prosecuting the accused was obtained vide Ext.PA.