STATE OF J&K Vs. CHARAN DASS

JUDGEMENT

(1.) This Criminal Acquittal Appeal filed by the appellant is directed against the judgment dated 25.02.2008 passed by the Special Judge AntiCorruption, Jammu (hereafter referred to as the 'trial Court') in file No. 3/challan whereby all the respondents-accused have been acquitted of the offences under Sections 161 RPC and 5(1)(d) read with 5(2) of the Prevention of Corruption Act 2006.

(2.) Briefly stated the prosecution story as is gatherable from the judgment impugned is that the complainant Sandip Kumar Gupta lodged a written complaint with the Vigilance Organization, Jammu with the allegation that he was appearing in the Biannual examination of 10+2 which was being conducted in the examination hall situated in Luthra Public School, Talab Tillo, Jammu. It was alleged that one Charan Dass, Superintendent of examination in connivance with Prem Kumar, Deputy Superintendent, Examination and Supervisor Parshotam Sharma were demanding money from the candidates appearing in the examination so as to allow them copying in the examination. He claims that during his first paper in the month of September 2001, the respondent-accused Parshotam Sharma demanded Rs.16,000/- from him for permitting him copying in the examination hall, but, later on, the deal was settled for Rs.9000/-. He alleged that he paid and the respondent-accused Parshotam Sharma accepted Rs.4500/- for facilitating copying in the second paper. He further claims that he appeared in the examination and after two/three papers, the respondent- accused asked him to pay him the balance amount. It is alleged that the complainant, who was supposed to appear in the physics (B) paper on 08.01.2001, carried Rs.4500/- for paying it to the respondent Parshotam Sharma. However, he was persuaded by his neighbour namely Suresh Kohli, to approach Vigilance Organization Jammu and lodge a complaint in this regard. He, accordingly, lodged a complaint and a trap was laid in which the respondents were allegedly caught red handed demanding and accepting bribe of Rs.4500/-. The Vigilance Organization Jammu, after completion of investigation, presented the challan before the trial Court.

(3.) The respondents were charged for commission of offences under Sections 5(2) of Prevention of Corruption Act read with 161 RPC to which all of them pleaded not guilty and claimed to be tried.