STATE OF RAJASHTHAN Vs. BUDHI PRAKASH

JUDGEMENT

(1.) THIS appeal by the Stale of Rajasthan arises out of the judgment and order dated October 11,1982 passed by the learned Special Judge, Anti Corruption cases, Jaipur, by which the learned Judge has acquitted the accused respondents of the offences charged with.

(2.) THE facts leading to this appeal on 18-1-1979, P. W. 2 Rafiq Ahmed submitted an application. Ex. P 2 before the Deputy superintendent of Police, Anti Corruption department. Sawaimadhopur stating that some Government employee has demanded bribe of Rs. 40/- for getting prepared a map from Municipal Board, Sawaimadhopur. Again on 20-1-1979, he submitted a written report. Ex. P3 before the same Officer of the Anti Corruption Department. Having received the report, the Dy. Superintendent of Police summoned two mbtbirs namely p. W. 3 Laxmi Narain and P. W. 4 Ram Singh and in their presence, the complainant gave currency notes of Rs. 25/- (two notes of Rs. 10/- and one note of Rs. 5/-) to the Dy. Superintendent of Police, upon which the deputy Superintendent of Police put his signatures and applied phenolphthalein powder and returned the'same to the complainant for being given to the person demanding bribe. The Dy. Superintendent of Police asked the complainant and motbirs to reach the office of Municipal Board and thereafter he along with other officials left the office in a official Jeep. Having parked the jeep near bus stand, the Dy. Superintendent of Police along with other employees reached in front of the office of Municipal Board. It was 4. 30 p. M. and both the Motbirs were found present outside the office of Municipal board. The Deputy Superintendent of police saw the complainant talking with accused Budhi Prakash. He also noticed that complainant has taken out some thing from his pocket and has given the same to accused Budhi Prakash. Thereafter Budhi prakash and complainant came down stairs and Budhri Prakash kept the thing in the pocket of this coat, which was given by the complainament According to the complainant he had given babe money of Rs. 25/-to accused Budhri Prakash as was settled with accused Shanker Lal. The notes given to budhi Prakash were initialed by the Deputy superintendent, of Police.

(3.) THE complainant then informed the deputy Superintendent of Police by signal that bribe has been given. Having received signal, the Deputy Superintendent of Police along with other police personnels entered the office of Municipal Board and found accused budhi Prakash standing in office room of Revenue Officer. On being asked, accused disclosed his name as Budhi. Prakash. The deputy Superintendent ,of Police, having introduced himself, when asked about the bribe taken from the complainant, the accused refused to have taken any bribe and stated that he has taken back Rs. 25/- from rafiq, which Rafiq had borrowed from him. However, the complainant denied this explanation of the accused. Thereafter, when the Deputy Superintendent of Police got washed both the hands of accused with the water mixed with sodium carbonate, the water became light pink. Having filled the water in a bottle, Article-4, the bottle was sealed. Thereafter, the Deputy Superintendent of Police asked the accused to produce rs. 25/- taken as bribe. The accused took out the notes from the right pocket of his coat and placed the same before the Dy. Superintendent of Police which were seized. Pocket of the coat of accused was also got washed with the water mixed with sodium carbonate and the said water changed in light pink colour, which was also sized.