STATE OF RAJASTHAN Vs. ALLAUDDIN MANSURI

JUDGEMENT

(1.) This Appeal has been preferred by the State against the judgment dated 20.1.1992 passed by the Special Judge, Anti Corruption Cases, Bhilwara (for short 'the Trial Court' hereinafter) in case No. 15/1991 (5/1986) A.C.D. whereby, the Trial Court has acquitted the accused-respondent from the offences punishable under Sec. 161 I.P.C. and Sec. 5 (1)(D) read with Sec. 5(2) of the Prevention of Corruption Act.

(2.) Briefly stated the facts of the case are that complainant Bhura (PW-2) had submitted an oral complaint (Ex.P-3) to the Dy.S.P., Anti Corruption Bureau, Bhilwara alleging that 13 biswas of agricultural land of his share is situated in village Chajwa but the said land was recorded in the name of Kalu son of Deva and for getting the said agricultural land recorded in his name he had filed a case in the Court of the S.D.O. Bhilwara and the said case was decided in his favour and the Court has ordered that the above mentioned agricultural land be recorded in his name instead of Kalu. It is alleged that when the complaint had approached the accused-respondent, who was posted as Patwari of the said area, for recording the above mentioned land in his name as per the order of the Court, the accused-respondent demanded bribe from him. It is also stated that thereafter he went to some other village and again approached the accused-respondent on 16.8.1995 and at that time, the accused respondent demanded bribe of Rs.125.00 from him for recording the land in his name and on his request the accused-respondent agreed to take amount of Rs.100.00 as bribe. The complainant had further stated that the Patwari had asked him to come to Patwar Office with the said amount by the evening, however, as he did not want to give the bribe, therefore, he filed the complaint.

(3.) The Dy.S.P., A.C.B., Bhilwara had recorded oral complaint of the complainant as Ex.P-3 and secured presence of two Government officials to act as trap witnesses and smeared phenolphthalein powder on the money and then landed over to the complainant with instruction to give the same to the accused-respondent on demand and he was also instructed to give a signal after giving the bribe money. As per the instructions, the complainant had paid Rs.100.00(ten notes of Rs.10.00 each) to the accused-respondent and signaled the trap party. Thereafter, immediately the trap party had caught hold of the accused-respondent and asked him about the bribe money and the accused-respondent had admitted that he has received Rs.100.00 from the compliant and the same is lying beneath a book at the Patwarghar. The phenolphthalein test was done on the hand wash and the colour of solution turned pink. Thereafter, the solution was collected in two separate vials and the same were sealed and the money ms seized at the instance of the accused-respondent.