STATE OF HIMACHAL PRADESH Vs. SH. B.S. RANA

JUDGEMENT

(1.) The acquittal of the accused by the Special Judge, Shimla in Corruption Case No. 5 -S/7 of 1987 dated 29.4.1989 for offence under Sec. 161 of Indian Penal Code read with Sec. 5(2) of the Prevention of Corruption Act has been challenged by the State through this appeal.

(2.) The accused was posted as Chief Sanitary Inspector in Municipal Corporation, Shimla at the relevant time. The complainant Om Parkash was registered with Employment Exchange, Shimla since 1982, but he was not able to get any employment. He approached the accused for employing him in the Corporation as a Sweeper. The accused asked him to pay Rs. 500/ -. The accused offered to provide him employment within 2 -3 days of the payment of the amount. The complainant "informed the accused on 4.4.86 that his mother "as arranged money so he should be employed. The accused asked him to come to his house and the evening of 6.4.86 alongwith the money and the employment registration card. The complainant took Rs. 500/ - from mother some Devi who had taken it from Chowkidar shri (sic) Gandhi Hospital, Shimla by was (sic). The complainant approached (sic) Department on 6.4.86 stating (sic) want to give illegal gratification to the accused and wanted that the accused should be caught, when the complainant would be delivering this amount to the accused. Accordingly, a case under the aforesaid provisions of law was registered.

(3.) The Deputy Superintendent of Police, Anti Corruption, Inspectors Nilamber Dev, Mehar Chand and Kamal Narain associated shadow witnesses Chander Mohan, Ram Pal and Om Parkash. In the presence of the witnesses, a demonstration was given whereby phenol -phthalein powder was put in a glass of water, the colour of which remained white and in another glass of water sodium carbonate powder was mixed which was also colour -less. Then, two mixtures were added and the colour turned pinkish. One of this mixture was sealed in a bottle. Thereafter, complainant Om Parkash (PW.6) handed over 25 currency notes of Rs. 20/ - each, the numbers of which were noted down. This amount was to be paid by the complainant to the accused by way of illegal(sic), currency notes were treated with phenol(sic)in powder and were handed over to the complainant.