STATE OF H.P. Vs. KISHAN DEV

JUDGEMENT

(1.) THE acquittal of the respondent, passed by the learned Special Judge in Corruption Case No. 6 of 2000, decided on 20.9.2001, for the offences punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988, in short the Act -, has been assailed by the State in this appeal, on the grounds that the learned trial Court had appreciated the evidence on record in a slip -shod and perfunctory manner, thus acquitted the respondent on flimsy grounds and further that the trustworthy versions of the prosecution witnesses was discarded on untenable reasons.

(2.) I have heard the learned Counsel for the parties and have carefully gone through the evidence on record.

(3.) ON 25.7.1999, PW1 Lal Chand had come from his village Baner to the district headquarters at Una, on account of his some personal work and while returning back by bus, he met PW2 Jagir Singh, who was travelling in the same bus. Finding a vacant seat besides the accused -respondent, he sat there. The respondent at that time was posted as Field Kanungo in Tihra Revenue Circle, therefore, he discussed the matter about the pendency of his mutation with him. The respondent is alleged to have demanded Rs. 2,000/ - as illegal gratification for getting his work done from the Tehsildar. The complainant told him that he being a poor man was not able to pay the aforesaid amount to him in lump -sum, but assured to pay the same in installments of Rs. 1,000/ - each which was agreeable to the respondent. The respondent asked Lal Chand to visit Patwar Khana on 28.7.1999 at 11 a.m. to get his work done from the Tehsildar, if he could arrange for an amount of Rs. 1,000/ -, so that he can give half of it to Tehsildar.