RAMESH SINHA, J. - (1.) This present Govt Appeal has been preferred against the judgment and order dated 20.3.2007 passed by Special Judge/Anti Corruption, Bareilly in Special Case No. 50 of 1997 by which the accused respondent no.1 has been acquitted u/Section 7/13 (2) Prevention of Corruption Act and 224 IPC and accused respondent nos. 2 to 12 have been acquitted under Section 147, 225 read with Section 149 IPC by the trial Court.
(2.) The prosecution case in brief is that on 6.4.1992 one Satyaveer Singh, S/o Parveen Singh, R/o village Haripur Milak, Police Station Asmauli, Tehsil Sambhal, district Moradabad had given written complaint to S.P. Vigilance, Bareilly alleging that his and his brothers land is in the area of village Satpura and his Chak No. 193 has been allotted and Chakbandi Akar Patra 23 has also been received by him. At the Western side of Chak No. 193, Chak No. 92 has been allotted to his father and his uncle. The complainant had given an application on 4.4.1992 to the Consolidation Officer to give chak road between Chak No. 193 and 92. The said application was also got received on the same date to the Bench Secretary of the Consolidation Officer but till said date, no chak road has been allotted to him between the said two Chaks. The complainant on 6.4.1992 met accused Narendra Pal Singh, Consolidation Officer at his village Hajibeda and requested him to allot chak road to him then the Consolidation Officer demanded an illegal gratification of Rs. 1,000/- from him. The complainant expressed his helpnessess on which the Consolidation Officer told the complainant that he would not take less than Rs. 1,000/- and if the said amount is given to him, then the chak road would be given to him failing which the same would not be given to him. The complainant was compelled to promise to pay Rs. 1,000/- within 4-5 days to him though he did not want to pay the bribe but he wanted to get the said official caught red-handed. The complainant in his application had mentioned the number of all notes of rupees hundred denomination which is as follows:- 1. 9LU 201869, 2. 7RC 782585, 3. 2NB 946113, 4. 4BK 682652, 5. 9RF 346083, 6. 3QS 145769, 7. 0PV 036960, 8. 4AL 414975, 9. 6MU 962834, 10. 3NG 055746.
(3.) The S.P. Vigilance Sri D.K. Sharma noted his comments on 7.4.1992 and sought necessary permission from the Director Vigilance on which the Additional Director, Vigilance on 7.4.1992 recommended the Secretary Vigilance for necessary permission on which the Secretary U.P. Lucknow on 7.4.1992 was granted the requisite permission for the same. In pursuance of which Sri D.K. Sharma, S.P. Vigilance directed the Inspector Vigilance Randhir Singh Chauhan to led down a trap. On 8.4.1992 a sealed envelop was received by Sri Randhir Singh Chauhan from the office of Vigilance Department, Bareilly. The complainant was also present in the said office. The Inspector had talked to the complainant in the office alone about the facts narrated in the complainant's application in which the complainant reiterated the facts. He has shown the notes of rupees hundred denomination to him which would be paid by him on 9.4.1992 to accused Narendra Pal Singh, Consolidation Officer at village Hajibeda, Tehsil Sambhal, district Moradabad on a demand being made by him as a bribe which would be paid by the complainant to him. The Inspector got the number of the said notes tallied which were mentioned in the application of the complainant and the same were found to be correct. The said notes were returned to the complainant with an instruction that he would meet with the trap party in village Achauda Kamboh, police station Asmauli at 11 a.m.;