STATE OF J & K Vs. PARVEEN SHARMA

JUDGEMENT

(1.) This appeal has been directed against the judgement dtd. 21/1/2014, passed by learned Additional Sessions Judge (Anti-Corruption), Jammu, ["the trial court'], vide which respondent came to be acquitted of the charge, for offence under Sec. 5(2) of J&K Prevention of Corruption Act, 1949 ("the PC Act"), read with Sec. 161 of Ranbir Penal Code ["RPC"].

(2.) Before a closer look at the grounds urged in the memo of appeal, it shall be apt to have an overview of the background facts.

(3.) As factual narration would unfurl, One Sham Singh lodged a written complaint before the SSP, Vigilance Organisation Jammu (VOJ), stating inter alia that he had applied for the registration of an SSI Unit namely "SHABNAM INDUSTRIES" at Chak Majra, Tehsil Bishnah, Jammu, with the District Industries Centre, (DIC), Jammu, and his file was lying with the Head Clerk, Parveen Sharma (the respondent) for issuance of the Registration Certificate. It was alleged by the complainant that respondent demanded Rs.5,000.00 bribe for processing the file, by 7/5/2009. The complainant approached VOJ for action and FIR No. 25/2009 for aforesaid offences came to be registered against the respondent.