- (1.) Appellant had faced trial in F.I.R. No. 132/2007 registered by Police Station, Anti-Corruption Bureau, Ajmer, 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 1.11.2012, 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 appellant had been instructed to visit the premises of the complainant to check whether complainant was indulging in adulteration of oil. Appellant visited the premises of the complainant on 17.4.2007. Prosecution case is that the appellant demanded Rs. 50,000/- as bribe from the complainant to give a report in favour of the complainant. The deal was settled at Rs. 25,000/-. Complainant approached the police. It is the case of the prosecution that the conversation between the appellant and the complainant was recorded in a digital tape. Complainant handed over 15 currency notes in the denomination of Rs. 1000/- each and 20 currency notes in the denomination of Rs. 500/- each to P.W.8 Simartha Ram. After noting down the numbers of the said currency notes and after applying Phenolphthalein powder (hereinafter referred to as 'P.Powder') on the same, the currency notes were put in a white envelope. P. Powder was also applied on the envelope. Complainant was directed to handover the said envelope to the appellant on demand and was thereafter instructed to give a signal to the raiding party. Demonstration of working of P. Powder was shown to the witnesses. Thereafter raiding party started for the raid. Complainant went inside the office of the appellant and handed over the envelope to the appellant on demand. Appellant kept the envelope in the bag lying there. On receipt of signal from the complainant, P.W.8 alongwith raiding party reached the spot. When the police officials reached the office of the appellant, Amar Chand Babel was sitting with the appellant. P.W.8 disclosed the purpose of raid to Amar Chand Babel. On enquiry, appellant stated that he had not received any bribe nor had any knowledge about the same. As disclosed by the complainant the envelope containing Rs. 25,000/- was recovered from the bag lying on the table. When fingers of the appellant were dipped in the solution of Sodium Carbonate, the colour of the solution changed and the same was put in two nips and they were made into sealed parcels. The bag was also dipped in the solution of Sodium Carbonate and the colour of the solution changed. The said solution was put in a nip and was made into a sealed parcel. Case property was taken in possession.;