STATE OF HIMACHAL PRADESH Vs. TEJ RAM

JUDGEMENT

(1.) This appeal has been preferred by the State of Himachal Pradesh against the ore of acquittal passed by the learned Special Judge, Mandi Division, Mandi, in Corruption Case No. 1 of 1983, on September 25, 1984, acquitting the accused for offences under S.16, I.P.C. read with S.5(2), Prevention of Corruption Act.

(2.) The case of the prosecution, in brief, is that Chint Ram, a resident of village Malthehar and applied for the grant of Nautor land in March, 1981, In accordance with the procedure and practice, the application went down to the accused who was the Patwari of Patwar Circle, Malthehar. It is further alleged that Shri Chint Ram gave Rs. 150/- to the accused in order to get a favorable report under the impression that if was customary remuneration of the Patwari. Shri Chint Ram when failed to get a favorable report, contracted the accused again in 1982, the accused then demanded a sum of Rs. 100/- as a grantification, Shri Chint Ram had no money and in order to pay the same, he approached one Ramu for the amount, who agreed to pay the same in the presence of Gobind Ram, Pradhan of the village.

(3.) In this way, on April 29, 1982, both Chint Ram and Ramu went to Gobind Ram and thereafter all of them went to Mandi to report the matter to the Anti-Corruption Unit. A report was registered and Shri Chint Ram produced currency notes of Rs. 100/- of Rs. 50/-, Rs. 20/- and three notes of Rs. 10/- denominations intended to be given to the accused as grantification. Documents in this regard were prepared and completed and thereafter Phenolphthalein powder was sprinkled over these notes and then handed over to Shri Chint Ram with a direction to pay the sum to the accused. A raiding party consisting of policemen, Chint Ram, Gobind Ram and Ramu, went to village Malthehar, On way, at Ner Chowk, two witnesses, namely, Narotam and Dharam Singh were also joined in the raiding party. Narotam Ram was to act as a shadow witness. As instructed, Chint Ram and Narotam went to the accused in his office at Malthehar and handed over the treated notes to the accused. A signal was given to the police as instructed, the Inspector Anti-Corruption Unit along with others came there but the accused was not found in the Patwarkhana. It went to his quarter situate nearby and the currency notes were recovered from the person of the accused. His 2 hands were washed with clear water and the water treated with Sodium Carbonate powder was collected in bottles. Other papers like Roznamacha, application/papers of Shri Chint Ram were also taken possession of. After completing the formalities, a challan under S.161, I.P.C. and S.5(1)(d) punishable under S.5(1)(2) of the Prevention of Corruption Act was initiated against the accused. The trial ended in the acquittal of the accused. Hence this appeal.