STATE OF RAJASTHAN Vs. PADAM CHAND JAIN

JUDGEMENT

(1.) Aggrieved by the judgment dated 23.05.2011 passed by the Special Judge, Designated Court, Ajmer, whereby the learned Judge has acquitted the accused respondent of offences under Sections 7, 13(1)(d)(ii) read with Section 13(2) of Prevention of Corruption Act, 1988 (for short, 'the Act'), the State has filed this criminal leave to appeal.

(2.) The brief facts of the case are that Ramratan (P.W.1) went to the office of Additional Superintendent of Police, Anti-Corruption Bureau, Ajmer and submitted a written report. He claimed that three years ago, his wife, Reena, had met with an accident and had suffered injuries on her jaws. Consequently, plates and wires were inserted in the jaws. Due to the said wires, she was beginning to have certain difficulties. Therefore, the wires needed to be taken out. For this purpose, on 14.06.2008, he met Dr. Padam Chand Jain (the accused-respondent before this court) and paid a fees of Rs.100/-. Dr. Jain had admitted her in his unit at the J.L.N., Hospital. He further claimed that although he had met Dr. Jain many a times, but he has been postponing the replacing of the plates. Eventually, he has promised that he will operate on Reena either on 23.06.2008 or 24.06.2008. The complainant further claimed that the doctor has asked for certain illegal gratification and has asked him to come to his house on 22.06.2008. However, he does not wish to pay any illegal gratification to Dr. Jain, and wishes to ensure that he is caught red handed.

(3.) On the basis of the written report, a trap proceedings was carried out on 24.06.2008. During the course of the trap proceedings, after receiving the agreed signal from the complainant, the Deputy Superintendent of Police entered the room of Dr. Jain. He found him sitting at his table. When he asked the person his name, he informed the officer that he is known as Dr. Padam Chand Jain. Rs. 700/- were recovered from his drawer and the trap proceedings was completed. A charge-sheet for offences under Sections 7, 13(1)(d) read with Section 13(2) of the Act was submitted.