IMPORTANT POINT
Offences under IPC and PC Act deserve different treatment.

JUDGMENT

M.Y. EQBAL, J.

1. Leave granted.

2. This appeal by special leave is directed against the judgment dated 13.6.2012 and order dated 9.7.2012 pronounced by the High Court of Himachal Pradesh, in Criminal Appeal No.169 of 2008 preferred by the State, whereby learned Single Judge of the High Court setting aside the judgment and order of acquittal of the Trial Court convicted the appellant-accused guilty of the offence punishable under Section 12 of the Prevention of Corruption Act, 1988 (for short, "the Act") and sentenced him to undergo six months imprisonment.

3. The prosecution case in brief is that on 10.12.2002 at 11 AM the accused-appellant attempted to give a bribe of Rs.10,000/- to the complainant - the then Additional District Magistrate, Bharmour for inducing him, a public servant, to exercise his influence to give accused supply orders for the supply of double-decker beds by corrupt or illegal means. Thereafter, complainant called police officials and lodged the complaint. List of currency notes allegedly given by the accused were prepared and the police officials recorded the statements of other witnesses. The accused was charged with having committed the aforesaid offences, to which he pleaded not guilty and claimed trial.

4. Complainant, who was in-charge of the administration of Bharmour area and sanctioning authority, appeared as PW-8 and stated that while he was sitting in his office accused entered in his office and talked with regard to the complaints of the quality of the furniture already supplied by him. Thereafter, accused offered to supply double decker beds for the Government Senior Secondary School, Holi. Upon which, complainant explained that there must be a rate contract of those articles and these articles should be of good quality. In the meantime, a senior assistant-PW2 came inside his office and had a discussion with the complainant with regard to purchase of some door mats and left office room.

Thereafter, after using complainant's office bathroom with permission, the accused did not sit on the chair but pulled out the drawer of the table of the complainant and put some currency notes in the drawer, which were immediately picked up by the complainant raising objection on it. On this the accused replied that this was his right (hak). The complainant then reprimanded him and informing the SHO Bharmour telephonically asked him to come to his office.

5. The complainant also called his Statistical Assistant-PW1 and handed over the notes to him to prepare list of notes. In the meantime some other officials came into the office of the complainant. Upon reaching of SHO Bharmour-PW7 within 15 minutes, the complainant made and handed over a written complaint along with 20 currency notes of the denomination of Rs.500/- each, duly signed and sealed in a parcel. According to the complainant he is not sure why the accused offered him Rs.10,000/-.

Probably, it was with a view to procure further supply order. The cross- examination of this witness is to the effect that the accused had earlier supplied desks and benches for which payment had been made to the accused. The complainant has admitted that double-decker beds were required for the Govt. Girls Hostel at Holi and he could straight way call the tenders from the parties concerned but in this case he had still not invited tenders. He, however, stated that he had issued oral directions to the Principal of the hostel to be in touch with the contractors for supply of double decker beds.

6. On the other side, according to the defence, the complainant used to give supply orders to the manufacturers of furniture not belonging to Chamba district and in this connection complaint was made to the Deputy Commissioner, Chamba, and as such, a false case has been lodged by the complainant against the accused, who is cashier and spokesperson of Chamba Steel Furniture Manufacturing Association. The defence also led evidence by examining DW-1 Statistical Assistant, who stated t