STATE OF RAJASTHAN Vs. OM KUMAR SHARMA

JUDGEMENT

(1.) THE instant appeal has been preferred by the State of Rajasthan against the judgment dated 24.4.2000 passed by the learned Special Judge, (Prevention of Corruption Act Cases), Udaipur -in Cr. Case No. 106/1997 (2/1992), whereby the respondent was acquitted of the charges under Sections 7 and 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) THE facts in brief are stated below. Shri Chandmal the compLalnant PW -1 was working as an LDC in the State Government's Sheep and Wool Department. The payment of his salary arrears was pending with in the department from the year 1984 -91. As per the complainant, he was being made to run from pillar to post for releasing the salary arrears. He had approached the Dy. Director, Sheep and Wool Department, Shahpura, Regional Dy. Director, Sheep and Wool Department, Jaipur, Director, Sheep and Wool Department, personally on numerous occasions and had also submitted written representations to all these officers frequently. The officers in concern directed the Dy. Director, Sheep and Wool Department, Shahpura through official communications to release the payment but to no avail, the complainant finally met the Dy. Director, Sheep and Wool Department, Shahpura ' and the department clerk, Om Kumar Sharma, respondent herein, on 21.3.1991. Om Kumar replied that the complainant's work could not be carried out until the unless he paid a bribe of Rs. 1000/ - to the departmental officials. The complainant tried to bargain citing his poor condition on which the clerk agreed to do the work for a sum of Rs. 500/ -. It was finally communicated to the complainant that unless and until the amount of Rs.500/ - was paid, his bills would not be passed.

(3.) THE explanation submitted was not palpable and therefore, his hands were caught hold of. On being washed in solution of sodium carbonate, the colour of the wash taken from the accused's hands turned pink. It was packed and sealed into bottles. Nothing was recovered on personal search of the accused being taken. The accused was again asked about the bribe amount due he feigned ignorance. The house was searched and from a wooden almirah fixed in the wall of a room at the ground floor, five currency notes of Rs.100/ - denomination were recovered from underneath of book. The notes having the same numbers as those submitted by he complainant and bore the initials of the inspector were seized and sealed. The relevant record was also seized. The wash bottles were forwarded to the FSL Jaipur for examination from where, a positive report was received. Sanction for prosecuting the accused was sought and accorded.