Mahendra Bhushan, J. - (1.) This is a State Appeal under S. 417, Cr. P. C. (1898) against the judgment dated 22.5.73 of the Special Judge, Rajasthan, Jaipur (For A. C. D. Cases) acquitting the accused-respondent in a Special Criminal case No. 2/73, under Sections 161 I.P.C and S. 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the P. C. Act).
(2.) The charge against the accused-respondent was that he received a sum of Rs. 100/- from Udhamal (PW1) as gratification (other than legal remuneration) on 12.11.70 as a motive or reward for showing favour to Udhamal in exercise of his official functions. The case of the Prosecution on which this charge is based, in brief is as follows :
(3.) Udhamal (PWI) was a contractor of country liquor in the year 1970-71 for Malakhera, District Alwar, and the accused-respondent was the District Excise Officer at the relevant time. It was with the help of the accused-respondent that Udhamal could secure the contract for country liquor for the year 1970-71 fora sum of Rs. 34,000/-. The accused had taken a sum of Rs. 1,000/- on two occasions at the rate of Rs. 500/-for finalising the contract in favour of Udhamal (PW), and further claimed a sum of Rs. 100/- per month as bribe money during the period of the contract. Udhamal (PWI) submitted an application (Ex. P. 1) to the Deputy Inspector-General of Police, Jaipur, on September 17, 1970 for laying a trap against the accused-respondent. Ex. P. 1 was sent to Ram Singh, Dy. S. P. (P. W. 5). A trap was arranged by said Shri Ram Singh against the accused, but the accused left on tour, and, therefore, the trap could not be laid. Udhamal then approached Mr. C. M. Parlecha (PWI), the then Additional S. P., A. C. D., Bharatpur on October 13, 1970 and submitted an application (Ex. P. 6) who also arranged a trap, but the same could not be carried out on 15th and 16th October, 1970, and the amount of Rs. 200/-produced by Udhamal to Parlecha for laying a trap was returned to him on October 16, 1970. Again, an attempt was made on November 4, 1970 to lay trap, but it could not be carried out, because it was given out to Parelecha by (PW 1) - Udhamal that the accused-respondent had left towards Shahpura, as his appearance was fixed in some case. Udhamal (PW 1) again contacted Mr. Parlecha on 11. 10. 70 on telephone, and trap was arranged against the accused on November 12, 1970. The raid party consisting of the decoy Udhamal (PW 1), the two motbirs Jagdish (PW 2), Pancharam (PW 3), C. M. Parlecha (PW 8) and others went to the office of the District Excise Officer, Alwar, 10 currency notes of Rs 10/- each (tainted money) on which phenolphthalein powder was dusted and Parlecha placed his signature were handed over to the accused-respondent by Udhamal (PW 1) in the office of the District Excise Officer at about 2.30 p. m. Thereafter, a green signal was given and the other members of the trap party headed by Parlecha entered the room of the accused respondent and the ten currency notes of the value of Rs. 10/- (tainted money) were recovered from the pant pocket of the accused-respondent. Ex. P.8, memo of recovery of notes was prepared. The test of wash of the hands as well as the pent pocket in sodium bicarbonate solution was conducted at the spot and the solution turned pink. Thereafter, after obtaining the sanction to prosecute the accused, a charge sheet was filed against him.;