Mahesh Bhagwati, J. - (1.) Challenge in this appeal is to the judgment dated 7.6.1997 whereby the Special Judge (Prevention of Corruption Cases), Jaipur has acquitted the accused-respondent Jaswant Singh in the offences under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 (hereinafter referred to as the 'Act of 1988').
(2.) The factual matrix of the prosecution case is as under: That on 1.6.1995 PW-12 Rajveer Singh submitted a complaint Ex.P-8 before Dy.S.P. R.S.B.I. Jhunjhunu stating that he requested the accused Jaswant Singh, Halka Patwari to issue a certificate for obtaining an electric connection on his well and gave him a blank prescribed form for having duly filled the said certificate. The accused solicited for a bribe of 500/- rupees in lieu of issuing a certificate. It is alleged that in the morning of 1.6.1995 the complainant had paid 250/- rupees to the accused and rest of the amount of Rs. 250/- was required to be paid when the certificate was prepared by him. The accused Jaswant Singh had asked him to come tomorrow with the rest of the amount of Rs. 250/- and to collect the said certificate. Since the complainant did not intent to give the bribe and wanted him to get trapped, he moved the Anti Corruption Authorities to take action. PW-11 Shri Pramod Kumar, the then Dy.S.P., RSBI formulated a scheme for entrapping the accused Jaswant Singh and co-opted two independent witnesses PW-5- Inder Lal and PW-6 Bal Govind Sharma. The complainant gave two notes each of 100/- rupees and one note of 50/- rupees to the Dy.S.P. who having undergone the necessary process, gave back these currency notes to the complainant for handing over to the accused at the appointed time and place. PW-11 Shri Pramod Kumar Dy.S.P. accompanied by the trap party proceeded to Chirawa and reached near the residence of accused Jaswant Singh who happened to be the Patwari Halka Vangothari. On receiving the signal of the complainant, trap party entered in the house and found two persons sitting in a room. One person identified himself to be Jaswant Singh Patwari Halka and second person identified himself to be Tara Chand Patwari Halka Leekhwa Tehsil Chirawa. PW-11 Pramod Kumar recovered initialed two currency notes each of 100/-rupees from the possession of the accused along with his personal amount of Rs. 207/-. When the complainant was asked as to why did he not hand over 50/- rupees to the accused, he replied that the accused solicited only 200/- rupees. He handed over the same and kept the rest 50/- with him. PW-11 Pramod Kumar prepared the report and sent the same to Anti Corruption Department whereupon F.I.R. Ex.P-22 was lodged and investigation commenced.
(3.) The Investigating Officer of the case recorded the statements of the witnesses acquainted with the facts and circumstances of the case prepared site plan Ex.P-11, seized the relevant documents vide memo Ex.P-12 and having obtained the prosecution sanction sent the accused respondent to the Court for trial.;