STATE OF RAJASTHAN Vs. BACHHU SINGH

JUDGEMENT

(1.) This is an appeal filed by the State of Rajasthan against judgment of acquittal dtd. 27/1/2012 passed by the learned Additional Sessions Judge, (Prevention of Corruption Act) Jodhpur, in Criminal Case No.23/2007 whereby the accused-respondent has been acquitted from the charges under Ss. 7 and 13 (1) (d) and 13 (2) of the Prevention the Corruption Act, 1988.

(2.) Before an elaborate discussion of the evidence and documents presented before the Court, it would be necessary to recapitulate the salient facts. On 8/11/2004, complainant Ratanlal submitted a written report to the Dy. S.P. at the ACB Chowki, Pali alleging inter alia that he is the owner of the agricultural land of Khasra No.1950 on National Highway No.14 near Village Jhalla Ki Chowki; prior to lodging of the report he filed two applications for grant of sanction to construct of residential home and another permission for construction of Hotel and Dhaba was also sought; necessary formalities were done and in this regard he met one Kamruddin Usmani, the then Tehsildar, Raipur, who suggested him to meet Bacchu Singh. Upon which Bacchu Singh stated that upon fulfilling of demand of Rs.8,000.00, the sanction would be granted. The complainant did not want to pay the demanded amount therefore, he approached ACB office, Pali and lodged the complaint. Upon verification of the complaint, trap proceedings were initiated and a team was formed. During trap proceedings when the team reached towards the Tehsil Officer, Raipur; some time whereafter, the complainant Ram Lal came out of the office and stated that Patwari Bachhu Singhhad handed over Rs.8,000.00 to Tehsildar. But when the team reached at the spot they did not found the Tehsildar inside there. Whereafter the hands of Bacchu Singh got washed with liquid of Sodium Carbonate which turned pink. After completion of formalities, an FIR got lodged at the Police Station CPS-ACB, Jaipur and investigation commenced. After investigation, police filed challan against the accused-Bacchu Singh for the offences under Sec. 7 and 13 (1)(d)(2) of the Prevention of Corruption Act.

(3.) During trial, 10 witnesses were examined and 62 documents were exhibited. Statement of accused was recorded under Sec. 313 Cr.P.C., he denied the same and claimed trial. After affording opportunity of hearing to both the parties and after appreciating the evidence and material available on record, the learned trial Court. Vide order dtd. 27/1/2012 acquitted the accused Bacchu Singh for the offences aforesaid. Hence this appeal.