ADITTYA KUMAR Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 Cr.P.C. has been preferred against the judgment dtd. 5/7/1999 passed by the Sessions Judge for Anti-Corruption Cases, Bikaner in Sessions Case No. 12/95 (122/97) whereby the appellant was convicted under Ss. 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988; with the following prayer:

(2.) Brief facts of the case as placed before this Court by Mr. Rajesh Joshi, learned Senior Counsel assisted by Mr. CVS Shekhawat, appearing on behalf of the appellant are that the complainant P.W. 1, Richpal Rai, Gram Sevak, of Panchayat Samiti, Sardar-Shahar and that on 4/11/1994 he submitted a complaint before S.B. Chowki Churu stating therein that the accused, employed at the post of L.D.C. in the office of the District Collector, Churu, and that allegedly he took a bribe from the complainant. And that, it is alleged that the complainant was served a notice under Rule 17 CCA was issued and that despite giving a sufficient reply, a demand of Rs.10,000.00 was made from him, of which he paid Rs.1000.00 initially. And, is alleged that the complainant was repeatedly approached by the appellant with the demand for the balance Rs.9,000.00, that on 30/11/1993 an order was passed by the concerned Collector to drop the proceedings against the complainant. And that, the complainant subsequently approached the A.C.D. on 5/1/1994 and trap proceedings were arranged, wherein the complainant was given a small tape recorder, two independent witnesses were sent, namely Dilip Kumar and Mazhar Ali were sent along with the complainant, and that he was given currency notes in Rs.100.00 denomination, upon which certain marks are made by the concerned authorities, and which where also smeared with phenolphthalein powder.

(3.) Learned Senior Counsel for the appellant further submits that P.W. 2 Dilip Kumar admitted in his cross-examination that he did not witnessed the appellant taking the bribe, nor did he witness a demand for any bribe being made by him. And that, similar testimony was rendered by witnesses, P.W. 5, Shishupal Singh, and P.W. 6, Mahaveer Prasad. And that, certain key witnesses, namely; independent witness Ali Khan, Constable Girdhari Singh, among others, were not examined by the prosecution.