STATE OF RAJASTHAN Vs. RAJESH KUMAR

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the appellant- State against the judgment impugned, dtd. 31/10/2018 whereby the learned Sessions Court acquitted the respondent for the charges under Sec. 7 and 13 (1) (d) read with Sec. 13 of the Prevention of Corruption Act, 1988.

(2.) Brief facts of the case as placed before this Court by the learned Public Prosecutor appearing on behalf of the Appellate- State are that on 6/7/2009, complainant Natwar Singh S/o Raghuveer Singh Panwar submitted a written report before the Addl. A.C.B. Chowki, Bhilwara to the effect that his father owned land in the village, which was situated at Arazi No. 2538 to 2599, but that there was some error/deficiency which required to be corrected. And that, when they sought to rectify the same, the Halka Patwari Shri Rajesh, Patwar Mandal Pashal demanded a bribe of Rs.10,000.00, which demand the complainant did not wish to satisfy. Following the said report, trap proceedings were arranged and during the course of the same, recovery of the tainted currency was made from the possession of the respondent (Rajesh Kumar), whereupon he was arrested. Subsequently, the respondent was charge-sheeted for the offences under the Ss. 7, 13 (1) (d) and 13 (2) of the Prevention of Corruption Act. About 17 prosecution witnesses were produced and examined during the course of trial; after trial, vide the impugned judgment, the respondent was acquitted.

(3.) Learned Public Prosecutor further submitted that the learned Court below has erred in acquitting the respondent of the charges so framed against him, and that despite the fact that the respondent was caught red handed, and that as per the verification of the demand transcription the accused called the complainant at Gayatri Ashram and during the course of the trap proceedings, the bribe money was recovered from the respondent.