STATE OF J&K Vs. RAJEEV KUMAR

JUDGEMENT

(1.) The instant Criminal Acquittal Appeal has been filed by the appellant against the judgment dated 30.12.2003 passed by the learned Special Judge, Anti Corruption, Jammu, by virtue of which the accused/respondent has been acquitted from the commission of offence under Section 5(2) of the Prevention of Corruption Act, 2006 read with Section 161 RPC, on the following grounds:

(2.) Briefly the prosecution case before the trial Court was that on 25.11.1998 the complainant namely Jagdish Chander S/o Balwant Rai R/o House No.40-B Bakshi Nagar, Jammu appeared in the Vigilance Organisation and lodged a written complaint alleging therein that he had applied for issuance of a learning driving licence from the RTO Office, Jammu and on 20.11.1998 he handed over the application form enclosing therein with medical fitness certificate to Shri. Rajiv Kumar, clerk posted in RTO's Office Jammu. After he had deposited the requisite fee for the purpose, the said clerk delayed the issuance of the licence on one pretext or the other. On 24.11.1998 when the complainant again approached the said clerk Rajiv Kumar requesting for the licence, he demanded rupees 200/- as illegal gratification and asked the complainant to come on the next day. The complainant reluctantly agreed to pay the bribe amount. He further alleged in his complaint that there was a large scale corruption prevailing in RTO's Office Jammu. Officers/Official in the said office were openly demanding bribe for issuance of learner driving licence, registration certificate etc. Some civilian persons were also involved in this racket and they in connivance with the officers/officials of RTO's office Jammu indulge in such type of corrupt practice. The complainant also presented Rs.200/- (Two currency note of Rs.100/- denomination) before the vigilance authority. On this, the instant case was registered and the investigation taken up. A trap party headed by Sh. U.K. Aima, Dy S.P. Vigilance Organisation was constituted by SP, Central to lay a trap on the accused, if he accepted the bribe money. In order to verify the other allegations levelled in the complaint four more vigilance teams were constituted to simultaneously conduct raids to other branches of the RTO's office. Each vigilance team was accompanied by an independent witness whose services were requisitioned through their Heads of Department. Sh. Ab. Hamid Mir, Dy. Commissioner Provident Fund, Labour Department J&K, Jammu was associated with the trap team headed by Sh. U.K. Aima, Dy.SP. The complainant narrated the whole story before the members of the trap party including the independent witness and also produced Rs.200/- of hundred rupees denomination before the said team. Independent witness noted down the numbers of these two currency notes on a separate paper and preserved the paper with him. Thereafter, the currency notes were dusted with phenolphthalein powder in the presence of the independent witness and were handed over to the complainant for passing on the same to the accused on his demand. Demonstration was conducted on spot and the solution was seized and sealed in a separate bottle. A demonstration memo was prepared and a handing over memo of the currency notes to the complainant was also prepared and these memos were got signed by the independent witness. Members of the trap team were subjected to personal search by the independent witness and nothing incriminating was found in their possession. Requisite certificate was also prepared by the independent witness. Shadow witness was directed to pass on a fixed signal to the trap party if the accused demanded and accepted the bribe money. After completion of all the legal formalities at Police Station, Vigilance Organisation, Jammu, the trap party headed by U.K.Aima, DySP Vigilance Organisation accompanied by the independent witness, complainant and the shadow witness proceeded towards RTO's office Jammu in a Govt. Vehicle bearing registration No.5692/JK02H. On reaching RTO's Office, while the trap party took its position, the complainant and the shadow witness went inside the room of the accused Rajeev Kumar, Jr Assistant, situated in the first floor of RTO's office. After some time the shadow witness came out of the room and conveyed the prefixed signal to the trap party, which immediately swung into action and entered the room in which the accused was sitting. Dy.SP Sh.U.K.Aima, who was heading the team, disclosed his identity to the accused. The independent witness conducted the personal search of the accused and recovered the tainted amount of Rs.200/- from the left side pocket of the pants worn by the accused. The numbers of the currency notes were compared with the numbers already noted down by the independent witness on a separate paper and they tallied. The accused was subjected to hand wash on the spot in the presence of the independent witness and when the colour of the solution turned pink, the same was seized and sealed in a separate bottle. Pocket wash of the pants worn by the accused was also done on spot and the solution which turned pink was also seized and sealed in a separate bottle. The pants were also seized. Tainted bribe money recovered from the possession of the accused was also seized on spot. During the personal search of the accused Rs.35/- one purse, one driving licence, one identity card, one handkerchief, some rings and a watch were also recovered from his possession and the same were seized on spot. Application form learning licence form No.9385/LA/MVD/98 age proof certificate, medical form along with two photographs of the complainant were also seized on spot. Besides, counter foil of GR Book from serial No.0691401 to 0691500 of RTO's office Jammu and the current learners driving licence register was also seized on spot. In respect of all the seized articles, different seizure memos were prepared which were duly signed by the independent witness. Investigating Officer obtained posting orders and work distribution orders in respect of the accused. Questioned along with admitted initials/hand writing were sent to hand writing expert for his opinion. The statements of the persons acquainted with the facts of the case were recorded by the investigating officer. The accused was arrested on spot, who was subsequently enlarged on bail by the competent court of law. The complainant, who reluctantly agreed to pay the bribe but in the meanwhile approached the Vigilance Organisation for legal action against the accused. During the course of investigation offences under Section 5(2) P.C. Act, 2006 r/w 161 RPC were prima facie made out against Rajeev Kumar, Clerk. For conducting prosecution of the accused sanction as envisaged u/s 6 P.C. Act was accorded by the Government vide Govt. Order No.08-GAD(Vig) of 1999 dated 18.02.1999 where after the challan was submitted before the trial court on 15.03.1999 for taking legal action against the accused. The accused was charged for the commission of the offence u/s 5(2) Prevention of Corruption Act, 2006 read with Section 161 RPC. However, the learned Special Judge AntiCorruption Jammu has acquitted the respondent of charge levelled against him vide impugned order/judgment dated 30.12.2003.

(3.) Heard learned counsel for the parties and perused the record.