SANDEEP MEHTA, J. - (1.) THE instant appeal has been preferred by the State of Rajasthan against the judgment dated 24.4.2000 passed by the learned Special Judge, (Prevention of Corruption Act Cases), Udaipur -in Cr. Case No. 106/1997 (2/1992), whereby the respondent was acquitted of the charges under Sections 7 and 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988.
(2.) THE facts in brief are stated below. Shri Chandmal the compLalnant PW -1 was working as an LDC in the State Government's Sheep and Wool Department. The payment of his salary arrears was pending with in the department from the year 1984 -91. As per the complainant, he was being made to run from pillar to post for releasing the salary arrears. He had approached the Dy. Director, Sheep and Wool Department, Shahpura, Regional Dy. Director, Sheep and Wool Department, Jaipur, Director, Sheep and Wool Department, personally on numerous occasions and had also submitted written representations to all these officers frequently. The officers in concern directed the Dy. Director, Sheep and Wool Department, Shahpura through official communications to release the payment but to no avail, the complainant finally met the Dy. Director, Sheep and Wool Department, Shahpura ' and the department clerk, Om Kumar Sharma, respondent herein, on 21.3.1991. Om Kumar replied that the complainant's work could not be carried out until the unless he paid a bribe of Rs. 1000/ - to the departmental officials. The complainant tried to bargain citing his poor condition on which the clerk agreed to do the work for a sum of Rs. 500/ -. It was finally communicated to the complainant that unless and until the amount of Rs.500/ - was paid, his bills would not be passed. The complainant allegedly prepared his salary due statement and handed the same over to the clerk in presence of the Dy. Director. He approached the clerk lastly on 13.4.1991 and requested him for releasing the payment on which he was told that he should come to the office with the bribe amount of Rs.500/ - on Monday or Tuesday and his work would be done. The complainant prepared and submitted the report with these allegations to the Inspector of Police, Anti Corruption Bureau, Bhilwara and stated hat he was not desirous of paying the bribe and want to have the respondent trapped red handed. The Inspector of A.C.B. initiated the trap proceedings. Two independent witnesses Jagdish Prasad Joshi and Shiv Ram Meena were summoned to be the shadow witnesses of the trap proceedings. The complainant presented five notes of Rs.100/ - each to the Inspector of Police. The pre -trap proceedings were rehearsed and the notes after being initialed by the Inspector, were laced with phenolphthalein powder and were handed over back to. the complainant and the Inspector instructed the complainant that he should pass over the same to the accused upon his demand. He was instructed to give a signal by brushing his hand on the head after paying the bribe, the trap partly headed by the Inspector along with the shadow witnesses and the decoy reached the office of the accused. The decoy was sent to the office and the other members of the trap party took their respective positions concealing themselves around the office. The complainant returned back after a while and told that the accused refused to accept the bribe saying that he did not think it proper to take the bribe during office hours and in the office premises. The accused called the complainant to his home at about 5 O'clock in the evening with the bribe amount. The shadow witness Shiv Ram Meena told that Om Kumar was ready to accept the bribe but as the witness was accompanying he complainant, the accused hesitated to accept the bribe probably due to his presence. On this, the complainant alone was sent back to the office but the accused allegedly became apprehensive due to the presence of the person, who had accompanied the complainant earlier and insisted that the bribe be paid at his home. On this, the complainant was sent to the accused's home. The trap party reacted and took positions outside the house of the accused and started waiting for the complainant's signal. A little later, a person came on a spark moped and entered into the house. The complainant followed him inside. After a while, the complainant came out of the house and gave the pre -arranged signal. The Inspector along with the other members of the trap party entered into the house, where an aged man wearing shirt and trousers and a young man wearing a lungi and a vest were found present in the gallery of the house. The Inspector introduced himself to both the men. The young man wearing lungi disclosed his name to be Om Kumar Sharma LDC posted in the office of Dy. Director, Sheep and Wool Department, Shahpura and the other person introduced himself to be Om Kumar's father. On being enquired about the bribe, Om Kumar stated that the complainant came to his room on the first floor of the house and tried to pick up a conversion about his salary arrears, he told the complainant that he was not desirous of talking about the official work at his home and asked the complainant to come to the office and meet him. Thereafter, he came to the ground floor for attending the call of nature. The complainant perused him and might have planted some amount in the house without his knowledge. The complainant retorted that he did not go to the first floor of the house at all. he and the accused had sat down in a room on the ground floor and there the bribe amount of Rs. 500/ - was passed on to Om Kumar for preparing complainant's arrear bills. Om Kumar counted the notes and assured the complainant that his bills would be prepared by 25.4.1991 and he would be informed at Kotadi.
(3.) THE explanation submitted was not palpable and therefore, his hands were caught hold of. On being washed in solution of sodium carbonate, the colour of the wash taken from the accused's hands turned pink. It was packed and sealed into bottles. Nothing was recovered on personal search of the accused being taken. The accused was again asked about the bribe amount due he feigned ignorance. The house was searched and from a wooden almirah fixed in the wall of a room at the ground floor, five currency notes of Rs.100/ - denomination were recovered from underneath of book. The notes having the same numbers as those submitted by he complainant and bore the initials of the inspector were seized and sealed. The relevant record was also seized. The wash bottles were forwarded to the FSL Jaipur for examination from where, a positive report was received. Sanction for prosecuting the accused was sought and accorded.;