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2021 Supreme(HP) 564

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SANDEEP SHARMA, J.
State of Himachal Pradesh - Petitioner
Vs.
ANIRUDH KUMAR SON OF SH. JAGAN NATH - Respondent
Cr. Appeal No.307 of 2014
Decided On : 02-12-2021

Advocates Appeared:
For The Petitioner:MR. SUDHIR BHATNAGAR, ADDITIONAL ADVOCATE GENERAL WITH MR. NARENDER THAKUR, DEPUTY ADVOCATE GENERAL
For The Respondent:MR. SANJEEV KUMAR SURI, ADVOCATE

Headnote:

Prevention of Corruption Act - Sections 7 r/w 12 and 13(1)(d)(1) r/w 13(2) - Illegal gratification - Compensation/damage of tree - Demanded bribe – Appeal against Acquittal – Challenged - Alleging that on accused Deputy Ranger, Jawali Block of Jawali Range and accused, Forest Guard, demanded bribe from complainant - PW-1 was raising construction of his house and there existed a "Share-Aam-Path" (Common) near his house, which was being widened by using JCB of PW-2 and while path was being widened, a tree of 'Amaltash' was uprooted by JCB. Accused came on spot and forcibly took away keys of JCB – Held, Prosecution has been not able to prove demand, of bribe, if any, by accused, case registered against accused under Section 7 r/w 12 Prevention of Corruption Act and 13(1)(d)(1) r/w 13(2) of Prevention of Corruption Act, otherwise is not maintainable - As per own statement of PW-3 amount was demanded as a compensation/damage of tree. He categorically deposed that since amount of compensation demanded was high, he thought that it was being demanded as a bribe - Mere possession and recovery of currency notes from accused without proof of demand will not bring home offence under Section 7, since demand of illegal gratification is sine-qua-non to constitute said offence. As far as guilt under Section 13(1)(d) is concerned same cannot be held to be established in the absence of any proof of demand for illegal gratification - Appeal dismissed

JUDGMENT :

By way of instant Criminal Appeal, challenge has been laid to judgment of acquittal dated 22.2.2014, passed by learned Special Judge Kangra at Dharamshala, H.P., in Corruption Case No.3-J/2011, titled State versus Anirudh Kumar and another, whereby Court below held respondents-accused(hereinafter referred to as the accused) not guilty of having committed offence punishable under Sections 7 read with Section 12 and 13(1)(d)(1) read with section 13(2) of Prevention of Corruption Act and accordingly acquitted them.

2. Precisely, the case of the prosecution as emerge from the record is that SHO/Inspector, police Station, SV & ACB Dharamshala, District Kangra H.P., presented challan for trial against the accused for their having allegedly committed offence punishable under Sections 7 & 13(2) P.C. Act, 1988 and 120-B IPC in Case FIR No. 8 of 2010, dated 24.5.2010, Police station SV & ACB Dharamshala, District Kangra, H.P., alleging therein that on 25.5.2011, accused Anirudh Kumar, Deputy Ranger, Jawali Block of Jawali Range and accused Megh Raj, Forest Guard, Naina Beat of Jawali Range, demanded bribe from the complainant Narender Singh. Police alleged that one Bir Singh (PW-1) was raising construction of his house and there existed a "Share-Aam-Path" (Common) near his house, which was being widened by using JCB of person namely, Narender Singh (PW-2) and while path was being widened, a tree of 'Amaltash' was uprooted by JCB. Accused came on the spot and forcibly took away the keys of JCB. Police alleged in the challan that both accused told PW-2, Narender Singh to bring Rs. 15,000/-to be paid to them as bribe in lieu of return of the keys. On 24.5.2010, complainant Narender Singh along with one Bir Singh approached the office of Vigilance Bureau and made a complaint Ex.PW2/A regarding demand of bribe made by both the accused. On the basis of compliant Ex. PW2/A, FIR (Ex PW17/A) was registered by Inspector Asha Kumari (PW-17). After registration of the FIR, case was entrusted to Inspector Bhisham Thakur for investigation, who after having associated Ravinder son of Prem Singh as shadow witness and Constable Navneet Kumar alongwith complainant Narender Kumar, made a plan to catch hold accused red handed while taking bribe. Above named Investigating Officer gave demonstration to the persons associated by him that how currency notes treated with solution of phenolphthalein and sodium carbonate is to be kept by the complainant for giving it further to the accused. Inspector Bhisham Thakur, after having taken thirty currency notes of the denomination of 500/- each from the complainant Narender Kumar, which were treated with phenolphthalein powder, prepared memo Ex. PW2/C and asked the complainant to put the said currency notes in his pent pocket and hand over the same to the accused when they demand for it. Inspector also instructed shadow witness Ravinder Singh to give a signal when such amount is accepted by the accused. As per prosecution, members of the trap party hid themselves outside the office of Ranger and the moment shadow witness Ravinder signaled, then Inspector Bhisham Thakur i.e. Investigating Officer alongwith other members of the trap party ran to upper storey of the office of Ranger and found accused Anirudh sitting in his office Chair and co-accused Megh Raj Forest Guard sitting right in front of accused Anirudh. Inspector Bhisham Thakur after having given his introduction, caught hold accused Anirudh from his left arm wrist and HHC Jagroop caught hold of the accused Anirudh from his right arm wrist and thereafter Inspector Bhisham Thakur took out one small box from his investigation attaché, which was containing sodium carbonate, and plastic bowl, empty glass tumblers, one empty liquor quarter and cleaned them thoroughly and also washed his own hands and thereafter put sodium carbonate in the empty glass tumbler and put water in it and prepared its solution and got washed the hands of accused Anirudh in the so

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