06041 0 ’ k‘‘‘ fx - ‘ ‘l . - E u . ( PDEAL UNLER SECTION/378(3\ CMPcc‘ > .” CR PeCo ' ‘ /.v ‘I (arse -/1996; - ‘:— TEESTATE OF M.Pa aagvs- ' /\ /_ m- CHITRA$N nmmm S/c Nxwmmx ‘ PRADHAN, AGED 58 mm, sUB - wNcxnrR, MUNICIHKL copommmm ; RAIEmmv% HIGH COURT OF CHHATTISGARH AT BILA$PUR Cr. App. No. 1830/ 1996 SB: Hon’ble Shri Justice R.L.‘Jhanwar APPELLANT Th6 State of MP. (Now C.G.} Versus ».v Chitrassn Pradhan A RESPONIEENT JUDGMENT Post for judgment ongl 07.2009 Sd/- R.L. Jhanwar Judge 21.7.2009 a @ HIGH COURT OF CHHATTISGARH AT BXLASPUR or. Amp. No. 18301 1995 SB: Hon’hle Shri JuStice R.L. Jhamvar ’APPELLANT fl-‘he State of MP. (Now CG.) \ Versus ‘Vp RESPONDENT Chitrasml Pradhan s/ o Nishamm' State] appellant. Shri B.P.Sha1ma and Shn' Valunendra MiShra, Advocates for the respondent. J U D G M E N T (Delivered 01122072009) R.L.Jhanwar, J. This Criminal Appeal is directed against the judgment of acquittal dated 22.12.1995, passed by the Special Judge and lst Additional Sessions Judge, Raipur in Special Gase No. 34/91, whereby, the learned Special Judge has acquitted . the respondent of the charges under Sections 7 and 13(1) (d)/ 13(2) of the Prevention of Corruption Act, 1983;1/ The case of the prosecution in brief is that respondent- Chitrasen Pfradhan was working as a Sub-Engineer in Municipal Corporatiori‘f‘Raipur. ,Complainant— Shamlal Gupta made some illegal construction in his house, for which, he received a notice from the Municipal Corporation, Raipur. On 29.12.1987, Shamlal Gupta went to the office of Municipal Pradhan, aged 38 yaars, Sub- Engineer, Municipa1:Corporation, Raipur(MP) Appearance: Shri D.K.Gwalre, Government Advocate for the 2 7‘ Cr.App. 1830/1995 ‘G The Special Judge framed charges under Sections 7 and 13(1) (d)/ 13(2) of the Prevention of Corruption Act, 19£g an guilt and pleaded that he never demanded any money and he has been falsely implicated in the case. The learned Special Judge after apreiation of evidence avilable on record and hearing the counsel for respective parties, did not find the respondent guilty of the charges framed against him and therefore, acquitted him of all the charges. Cooration, Where, hé met the respondant. The respondent dennded Rs.1000/ from Shamlal Gupta for closing his case. Theeafter, the complainant wet to the ofZfice of Lok Ayukt and loded a Written report (EX.P/ 2) agaist the respondent. On his report, trp was arranged. he tr‘ap party went to the house of the respondent along wi the compainant and complaint gav 1G00,’ - to the respondent. The respondent was caught red—handed’ an money was recovered and seized from the poession of the respondent. Formalities of scientific investiation were completed and investigation took place. After completion of the‘ investigati, charge sheet was tile before the Special Judge, Raipur. d \/ read over it to te spondent. The respondent abjuig-e‘d the I have heard learned counsel for both the? parties and have perused the record of the trial Court. The star witness Shamlal Gupta (PW—6) has been declared hostile by the prosecution. He deposed that the respondent ver demanded money from him. He did not support the prosecution version. On the other hand, he deposed that “Wedwwwéwmwmiahamwmw Wmwtmzitigaaewawaawttawdam W eat t ite t? 31W w amt ital” Accordingto him Mr. Agrawal of Municipa Corporation threatened him to demolish his house and demanded Rs.2000i— from him. He m ia — e n g n a T § th l na e$s f d ss g on d h re pc a in ne w w m i l 3 C1‘.App. 1830/1996 i further stated that he is an i11iterat€ person, therefore, the complaint was written by the oiflcials of Lok Ayukt, He aocompaxxied the trap party and went to the house of Mr. ‘ grawal. Mr. Agrawal was not in his house; therefore, he went to the house of respondent‘and gave money to him under the instruction of Mr. Agrawal. n ‘ in this way Shamlal Gupta(PW-6) is a hostile witness and has not supported the case of prosecution. Considering the above evidence, acquittal recorded by the trial Court does not call for any interference. In the result, the appeal is dismissed. 1 1 i \ ‘ \ t 1 '“ ‘ ‘ ‘ ‘ ‘ 1 . ‘ ! t t t sunita" £ c Sd/— " R.L. Jhanwar Judge 9 "