STATE OF RAJASTHAN Vs. NARAYAN LAL

JUDGEMENT

(1.) This revision petition has been filed by the State of Rajasthan against the order dated 18.9.2007 passed by the learned Additional Sessions Judge (Prevention of Corruption Act) Cases, Jodhpur whereby the learned lower Court discharged the accused Narayan Lal and Tilak Raj from the charge under Sections 7 and 13 (1)(d) read with Section 13(2) of the Prevention of Corruption Act (hereinafter referred to as the Act') and Section 120b I.P.C.

(2.) The brief facts of the case are that the complainant Om Prakash Mewara had a joint family and he owned a plot in the Gram Panchayat, Kesarpura in Khasra No. 187/2 and patta was issued for commercial purpose. He applied for NOC before the Gram Panchayat for construction of hotel and he met the Sarpanch Smt. Sita Devi, who demanded bribe of Rs. 11,000/- for issuing NOC. The complainant did not. want to pay bribe. A report of this incident was made to the Dy. Superintendent of Police, Jodhpur Camp-Sheoganj. On this report, matter was verified and trap proceedings were made and in that respect one Mohan Lal, the person sent by Smt. Sita Devi, was caught red-handed while taking bribe money and a case was registered. The allegations against the present petitioners were that they were also there with Mohan Lal and the matter was investigated. After investigation, a charge sheet under Sections 7 and 13 (1)(d) read with Section 13 (3) of the Act, read with Section 120b I.P.C. was filed in the Court, impleading present respondent also as accused, along with others.

(3.) The learned trial Court, after perusing the documents, found that accused Smt. Sita Devi, Mohan Lal and Deva Ram were involved in the offences under the aforesaid sections, but did not find the involvement of present petitioners, therefore, discharged the accused Tilak Ram and Narayan Lal from the charges vide the judgment dated 18.9.2007. Being aggrieved by the impugned judgment, the present revision has been filed by the State of Rajasthan. Notice of this revision was given, record of the case was called and arguments were heard.