Z. A. Haq, J. -
(1.) The appeal is taken up for hearing.
(2.) The appellant has challenged the judgment passed by the Special Court acquitting the accused of the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act.
(3.) The case of the prosecution is:
The accused had been working as Station Superintendent at Ghuggus Railway Station, Tahsil and District Chandrapur at the relevant time. Pravin Dhage was granted contract of maintenance of sanitation. On 8th December, 2003 the accused visited the running room and told Pravin Dhage that he will pay Rs.500/- per month so that his contract continues otherwise the accused would put adverse remarks because of which the contract may be terminated, that because of threats given by accused Pravin Dhage got disturbed and frightened and reported it to his father Dnyaneshwar Dhage (complainant), that Dnyaneshwar Dhage (complainant) who was serving as Goods Guard at Ghuggus Railway Station met the accused on 8th December, 2003 in his office and pointed out inability to pay Rs.500/- per month as the earning was not sufficient, however, the accused insisted for payment of amount of Rs.500/- within a couple of days and threatened that if the amount was not paid he will put adverse remarks, that Dnyaneshwar Dhage (complainant) approached the Superintendent of Police C.B.I., Nagpur and lodged report in writing in Hindi language (Exh. No.11), on that basis Crime No.16/2003 (Exh. No.22) came to be registered on 10th December, 2003. The case was referred to P.S.I. Khalid Baig, who arranged for 2 independent panchas Shri Hinganekar and Shri Pramod Pekade, who had come to the office of C.B.I. and had shown their willingness to act as panchas. P.S.I. Khalid Baig explained the further steps which were to be taken by the investigating agency, the panchas were given the complaint which they read and put their signatures on it, the characteristics of sodium carbonate and phenolphthalein powder were explained and demonstration was given, the complainant supplied 5 notes of Rs.100/- denomination, phenolphthalein was applied to the notes, personal search of complainant was taken through panch No.1 Shri Hinganekar and after verifying that the complainant was not carrying any other article with him, 5 notes of Rs.100/- denomination were kept in the pocket of shirt of complainant, the necessary steps were taken, formalities were completed and then raiding party with both panchas and complainant started for Ghuggus Railway Station by Government jeep at about 12.05 hrs., reached there at 3.05 p.m., necessary instructions were given to all the members of the raiding party. At about 3.20 p.m. the complainant was asked to meet the accused and panch No.1 Hinganekar accompanied the complainant. The complainant and Shri Hinganekar went to the office of accused, where accused was present, and after exchange of pleasantries the complainant and panch No. 1 sat on the chairs, the accused enquired whether the complainant had brought Rs.500/-, the complainant answered in the affirmative and handed 5 notes of Rs.100/- denomination to the accused, who kept the notes in pocket of his shirt and told the complainant to continue to pay Rs.500/- per month. Then the complainant came out with panch No.1, signalled the raiding party, the raiding party rushed to the office of accused and after verifying the identity of the person, who had taken the amount from the complainant, the hands of accused were held, right hand fingers of accused were tested in solution of sodium carbonate, the colour of solution became pink, the solution was kept in a bottle which was sealed, then left hand fingers of the accused were tested in sodium carbonate, however, colour of solution did not change and this solution was destroyed, fresh solution of sodium carbonate was prepared, fingers of the raiding party were tested and as colour of solution of sodium carbonate did not change, it was destroyed, fresh solution was prepared and right hand fingers of the complainant were tested in it, colour of solution became pink, this solution was kept in a bottle which was sealed, the left hand fingers of complainant were tested in fresh solution of sodium carbonate but the colour of this solution did not change and, therefore, it was destroyed 5 notes of Rs.100/- were seized, fresh solution of sodium carbonate was prepared, left pocket of shirt of accused was examined, colour of solution became pink, this solution was kept in a bottle which was sealed, and shirt was sealed in an envelope. Post trap panchanama was recorded, the matter was handed over to P.I. Shri Khujur, who recorded the statements of witnesses, conducted further investigation and filed charge sheet for the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act. The charges were framed, read over and explained to the accused, the accused did not accept the guilt and claimed to be tried and, therefore, the trial was conducted.;