STATE OF BIHAR Vs. SURESH SINGH

JUDGEMENT

(1.) This appeal under section 378 (ii) and (iii) of the Code of Criminal Procedure is directed against the judgment and order of acquittal dated 9th July, 2013 passed by the learned special Judge Vigilance-I, Patna in Special Case No. 117 of 1985 arising out of Vigilance P. S. Case No. 21 of 1985, whereby the sole respondent has been acquitted of the charges under Section 161 of the Indian Penal Code and Section 5(2) of the Prevention of Corruption Act, 1947 corresponding to Sections 7 and 13 (2) read with 13(1)(d) of the Prevention of Corruption Act, 1988.

(2.) The prosecution case arose out of a complaint made by one Lala Rai alleging that he purchased a Priya Scooter on 14th November, 1985. On 25th November, 1985 he went to the D.T.O. Office, Patna and applied for registration of the vehicle in his name and also deposited necessary fees. He was regularly visiting the D.T.O. Office for having the registration number of his scooter but the same was not supplied. During the relevant time the respondent was the Dealing Assistant in the District Transport Office, Patna and as per allegation he demanded a sum of Rs. 200/- from the complainant by way of bribe for registration of the scooter and out of the said amount the respondent told that Rs. 100/- was meant for the District Transport Officer and the remaining amount was meant for the office. Since the complainant did not pay the bribe, he reported the matter to the Vigilance Department. Upon receipt of the complaint, one Ramji Prasad (P.W. 17) was appointed Verifier to verify the veracity of the allegation made by the complainant. The complainant again went to the office of the respondent on 7th December, 1985 and requested for registration of his scooter and upon such request having been made, the accused respondent against demanded the bribe money in front of the Verifier Ramji Prasad. On persistent persuasion of the complainant, the respondent reduced the bribe money to Rs. 150/-. The Verifier submitted his report to the Vigilance Department and upon receipt of the report a raiding team was constituted to apprehend the respondent red-handed while taking the bribe. A pre-trap memorandum was prepared, phenolphthalein powder was put on the Government currency notes, their numbers were recorded in the pre-trap memorandum and the same was returned to the complainant with a clear instruction to give the money to the respondent only upon demand of bribe. The chemical reaction between phenolphthalein powder and sodium carbonate was demonstrated to the members of the trap team and they witnessed the chemical reaction of the same. The said trap team was constituted under the leadership of Sri Ramashray Lal, Dy. S. P. (P.W. 4). The Inspector of Police Ram Dayal Singh (not examined) was further instructed to make a signal upon acceptance of the bribe by the respondent. The other members of the raiding team were also instructed to remain present nearby. On 9th December, 1985 the complainant went to the respondent in his office, who demanded the bribe and upon such demand having been made, the complainant paid the money to the respondent in front of the members of the raiding team and Ram Dayal Singh. The said money taken as bribe was kept by the respondent in the lower pocket on the right side of his coat. Upon being signaled, the members of the raiding party apprehended the respondent and upon being searched, Rs. 150/- was recovered from his possession. The recovered notes from the respondent were matched with the numbers noted in the pre-trap memorandum. Solution of sodium carbonate was prepared and right hand of the respondent was dipped in the same upon which the solution turned pink. The seizure list was prepared in presence of the witnesses as well as the respondent.

(3.) On conclusion of investigation, charge- sheet had been submitted against the respondent under section 161 of the Indian Penal Code and Section 5 (2) of the Prevention of Corruption Act, 1947. However, the trial court framed charges under Section 161 of the Indian Penal Code corresponding to Section 7 of the Prevention of Corruption Act and Section 5 (2) of the Prevention of Corruption Act, 1947 corresponding to Section 13(2) read with 13 (1)(d) of the Prevention of Corruption Act, 1988.