STATE OF RAJASTHAN Vs. PURAN SINGH

JUDGEMENT

(1.) THIS criminal leave to appeal under Section 378(i)(iii) of the Code of Criminal Procedure has been filed by the State of Rajasthan against the judgment dt. 11.01.2002 passed by the learned Special Judge, Sessions Court, Prevention of Corruption Act cases, Kota in Sessions Case No. 31/2001 by which the accused -respondent has been acquitted from the offence under Section 7 and 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988 (here -in -after to be referred as, 'the P.C. Act').

(2.) BRIEFLY stated, the facts for the disposal of this leave to appeal are that PW -4 Vasudev Singh presented himself in the Ante -corruption Bureau office at Dholpur and stated that he being illiterate wanted to tell his grievance orally. PW -4 in his oral complaint Ex.P -8 made to Deputy Superintendent of Police stated that he was resident of village Pokharpura and on 16.09.1999 in the night Ramesh and other persons who were by caste Kachiyan cut the wood from his field and in this connection a report was lodged by him in the police station Kotwali. As a result of injuries sustained by him, he had to remain in Dholpur hospital for 2 -3 days. He has also stated that the accused side of the above case had also lodged another criminal case against him and in this connection Puran Singh ASI, Police Station Dholpur who was conducting investigation of that matter came in the hospital on 17.02.1999 and demanded a sum of Rs. 3,000/ - for not arresting him in the criminal case lodged against him. It is also stated that on 18.02.1999 he was discharged from the hospital and at his house in the evening Puran Singh ASI came in a government jeep and asked him to come to police station along with money. On that day in the evening when the complainant reached at Kotwali, it was found that Puran Singh ASI was in his room and on contacting him he again made a demand but on his insistence he agreed to accept the sum of Rs. 2,000/ - as bribe but also advised that the complainant should get himself bailed out from the Court and till bail is not granted, the complainant was assured that he will not be arrested. It was also orally stated that though his brother -in -law (looser) was not present at the time of incident which took place with Ramesh and others but they were involved in the incident and since the complainant never wanted to give bribe in the case, therefore, approached the A.C.B.. This oral report Ex.P -8 was reduced in writing and PW -4 Vasudev Singh was instructed to again contact the accused. A tape -recorder was also given to the complainant with the instruction to record the conversation. Constable Janki Nandan was also directed to accompany the complainant. On 22.02.1999, a trap was arranged. After arranging two independent witnesses namely PW -5 Devendra Kumar Gupta and PW -6 Subhash Chandra, the decoy brought a sum of Rs. 1,500/ - for passing on the money to the accused. The independent witnesses were read over the oral complaint made by complainant PW -4 Vasudev Singh. The independent witnesses gave consent to become witnesses and agreed to accompany the raiding party. The complainant handed over 15 general currency notes of the denomination of Rs. 100/ - each. On presenting the general currency notes, the Dy.S.P. put his initials on them after preparing a memo wherein number of general currency notes were mentioned. PW -1 Anwar Khan Clerk of the department was directed to put powder of phenolphthalein on the general currency notes. He, as per the instructions, dusted the powder of phenolphthalein on the general currency notes and personal search of complainant PW -4 Vasudev Singh was also taken. 15 notes of Rs. 100/ - each were kept in the back -side pocket of the pent of the complainant. It was instructed to the complainant that after giving money on demand of bribe by the accused, the raiding party be signaled by removing the turban from his head. The complainant was asked to proceed first and thereafter other persons followed the complainant in a jeep. The complainant reached at Police Station and after some time came out from the police station followed by a person who was in the police dress went inside of a juice centre near the Police Station and remained inside for some time and thereafter complainant came outside and gave the signal. On receiving the signal, the Dy.S.P. rushed at the spot and accused was apprehended by the raiding party while he was going towards Kotwali. PW - 7 Chiranji Lal, Dy.S.P. disclosed his identity and asked about the money accepted by the accused as bribe. The accused on his asking about the money accepted as bribe from P.W. 4 Vasudeo got perplexed and denied having accepted any bribe and stated that it was return of the loan amount. At the spot in the water sodium carbonate powder was mixed. Fingers of both the hands were dipped into the water as a result of dipping fingers into the water, the colour of the water changed into pink which was kept in two different bottles and the bottles were sealed. Search of the accused was taken and from the right hand side pocket of the shirt bribe amount was recovered. The numbers of the notes were tallied with the fired. The shirt of the accused was also dipped into the water and when it came in contact with Sodium Carbonate mixed water, the colour of the water changed into pink which was also kept in bottles and was sealed. After completing necessary formalities at spot, accused was arrested. After returning to the police station seized and sealed material was deposited in Malkhana, un -registered FIR was sent to the head quarter for registering case on which FIR No. 97/1999 was registered and investigation commenced. During the course of investigation, the bottles were sent for examination to the FSL. After completion of investigation charge -sheet was filed in Special Judge, Sessions Court, Prevention of Corruption Act, Kota. Charge under Section 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act was framed against the accused on 21.3.2001 to which the accused denied and claimed trial. In support of its case, the prosecution examined as many as 9 witnesses. After close of prosecution evidence, in the statement recorded under Section 313 Cr.P.C., the accused stated that amount recovered from him was loan amount. No bribe was accepted by him. In the defence evidence, accused produced D.W. 1 Megh Raj and D.W. 2 Bhogi Ram. The learned trial Court after hearing final submissions made by both sides vide judgment and order dt. 11.01.2002 acquitted the accused. Hence the present leave to appeal has been filed.

(3.) IN the present case, following points requires consideration,