IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. Appeal No.: 499 of 2001. Reserved on: 10.07.2008. Decided on: 08.8.2008. State of Himachal Pradesh. … … Appellant. Versus Surinder Singh. … … Accused/Respondent. Coram: The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the Appellant: Mr. Rajinder Dogra, Additional Advocate General. For the Accused/Respondent: Mr. Romesh Verma, Advocate. Rajiv Sharma, Judge: The accused/respondent was prosecuted in corruption Case No.2 of 1999 in the Court of Special Judge, Una, district Una under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988. He was acquitted by the learned Special Judge, Una on 1.6.2001. This appeal has been preferred by the State against the judgment of acquittal dated 1.6.2001. The brief facts as gathered from the judgment of the trial Court are that the complainant Shri Harbilas (PW-1) is resident of village Bhaira in District Una. He went to the accused, who was posted as Patwari of Dhusara circle on 8.9.1994. He requested him for supply of copies of jamabandi and average sale price list. The accused Whether reporters of local papers may be allowed to see the judgment? No. - 2 - demanded a sum of Rs.500/- as illegal gratification. The complainant gave Rs.100/- to the accused on that day and accused asked him to come again on September 13, 1994 with balance amount of Rs.400/-. The complainant went alongwith one Kamal Dev (PW-2) to the accused, but the documents were not ready. The accused again demanded the balance amount of Rs.400/-. The complainant went to the office of Deputy Superintendent of Police, Anti Corruption Zone, Una, Shri R.R. Bhatia (PW-8) on September 15, 1994 and got the F.I.R. Ex.P-A recorded. PW-8 took four currency notes of Rs.100/- denomination each from Harbilas (PW-1). These currency notes were treated with phenolphthalein powder and kept in the front pocket of the shirt of the complainant. The complainant and Kamal Dev (PW-2) were asked to go to the accused. They went to the Patwar khana, the accused demanded a sum of Rs.400/-. The complainant gave him the amount consisting of four currency notes of Rs.100/- each. After the accused took the money, PW-2, Kamal Dev went out and signaled to the police party. The accused was caught. The hands of the accused were got washed in the thali and the colour of water remained natural, thereafter one more mixture was prepared and sodium carbonate was mixed in the same. Its colour also remained natural. When the water of the hand wash of the accused and the mixture were mixed together, the colour of the water turned pink. The same was put in the nip Ex.P-1 in the presence of Vipin Kumar, PW-3. The same was taken into possession vide memo Ex.P-K. The accused had kept the currency notes beneath his register Ex.P-8 which were taken out by Shri R.R. Bhatia, Deputy Superintendent of Police (PW-8) and their numbers were tallied with memo Ex.P-B. The notes Ex.P-3 to Ex.P-6 were then put and sealed in the envelope Ex.P-2 and the register Ex.P-8 was put and sealed in the envelope Ex.P-7 and they were taken in possession vide memo Ex.P-B/1. After the - 3 - investigation was complete and on the receipt of the report of the Chemical Examiner, the challan was put up. The prosecution had examined eight witnesses. The accused was examined under Section 313 Cr.P.C. The learned Additional Advocate General has strenuously argued that the prosecution has proved its case beyond all reasonable doubts and the judgment dated 1.6.2001 passed by the Special Judge, Una is not sustainable in the eyes of law. On the other hand, Mr. Romesh Verma has supported the judgment dated 1.6.2001. I have heard the learned counsel for the parties and perused the record carefully. PW-1 is complainant Harbilas. He deposed that he went to Patwari Surinder Singh and requested him for supply of copies of the jamabandi and average sale price list on 8.9.1994. The accused demanded Rs.500/- from him. He gave Rs.100/- to the accused on that day and he was asked to come back on 13.9.1994 with balance amount. He went to the accused on 13.9.1994, but the documents were not ready. He was asked to come back on 15.9.1994. He went to the accused on 15.9.1994 with Kamal Dev (PW-2). The accused demanded Rs.400/- for supplying the copies of the documents. Thereafter he and Kamal Dev came to Una and went to the office of the Deputy Superintendent of Police, Anti Corruption Zone, Una. The F.I.R. was lodged vide Ex.P-A. The complainant gave Rs.400/- to the Deputy Superintendent of Police (PW-8). He applied phenolphthalein powder on the currency notes and put the same in the pocket of the shirt of the complainant. The complainant and Kamal Dev went to the accused. The accused told them that the copies were ready and demanded Rs.400/-. He gave a sum of Rs.400/- to the accused, who kept the same beneath the register Ex.P-8. Kamal Dev went out and signaled to the - 4 - police party. The accused was apprehended. The hands of accused were washed with the chemical as per the prescribed procedure. The currency notes were taken out by the Deputy Superintendent of Police, Shri R.R. Bhatia from beneath the register and the numbers were tallied with the memo Ex.P-B. The currency notes were sealed and the register was also sealed. PW-2, Kamal Dev is the cousin of the complainant. He was the shadow witness. The prosecution should have joined independent and respectable witnesses during the course of trap. PW-2, Kamal Dev cannot be said to be an independent witness. He had gone to the accused with complainant on 13th September, 1994. He again went with the complainant to the office of the Deputy Superintendent of Police, Anti Corruption Zone, Una on 15th September, 1994. He was an interested witness. Therefore, his statement does not inspire confidence. He did not know the denomination of the currency notes which were recovered from the accused. He admitted that Vijay Kumar, Pradhan of the Gram Panchayat also came to the spot. He was not examined by the prosecution. PW-3, Vipin Kumar has not supported the prosecution case. There is a discrepancy in the statements of PW-1 and PW-2 with regard to the manner in which the currency notes were recovered from the accused. The nip produced in the Court Ex.P-1 was empty. The trial Court on the basis of correct appreciation of the evidence has rightly acquitted the accused. Accordingly, there is no merit in this appeal and the same is dismissed. The bail bonds furnished by the respondent-accused are discharged. August 08, 2008. (Rajiv Sharma), (sck) Judge.