- (1.) Appellant had faced trial in F.I.R. No. 249/1998 registered by Anti-Corruption Bureau, Jaipur, under Section 7 and 13(1)(d)(2) Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act').
(2.) Trial court vide judgment/order dated 2.4.2008, ordered the conviction and sentence of the appellant under Section 7 and 13(1)(d)(2) of the Act. Hence, the present appeal by the appellant.
(3.) Prosecution story in brief is that the complainant Ummed was resident of Daulatpura and was cultivating his 21 Bighas of land. There was a well in the land of the complainant. Father of the complainant had died and the land was inherited by the complainant and his two brothers. Elder brother of the complainant Kurda Ram had taken an electricity connection under Nursery Scheme. In order to regularise the connection, complainant had moved an application in December, 1998. Appellant was to deal with the case of the complainant. For doing the needful appellant demanded Rs. 500/- from the complainant. Deal was settled at Rs. 200/-. Complainant approached the vigilance authorities as he did not want to give bribe to the appellant. P.W.16 Surendra Kumar joined independent witnesses and introduced them to the complainant. Complainant handed over two currency notes in the denomination of Rs. 100/- to P.W.16 Surendra Kumar and the same were returned to the complainant after application of Phenolphthalein powder (hereinafter referred to as 'P. Powder'). Numbers of the currency notes were noted in a memo. Complainant was instructed to handover the tainted currency notes to the appellant on demand. Complainant was further instructed to give a signal to the raiding by putting his hand on his head after the appellant accepted the bribe money. Demonstration of working of P. Powder was shown to the witnesses. Thereafter the raiding party left for the raid. Rati Ram P.W. had been instructed to act as a shadow witness and was directed to accompany the complainant. Complainant and shadow witness went to the spot. Complainant handed over the bribe money to the appellant on demand and the appellant kept the same in his pant pocket. On receipt of signal from the complainant, Surendra Kumar alongwith other members of the raiding party reached the spot. The currency notes were recovered from the pant pocket of the appellant and were taken in possession. When the hands of the appellant were dipped in the solution of Sodium Carbonate, the colour of the solution turned pink. The said solution was put in a nip and was made into a sealed parcel. When the pant pocket of the appellant was dipped in the Sodium Carbonate solution, the colour of the solution turned pink. The said solution was put in a nip and was made into a sealed parcel. Case property was taken in possession.;