Point of Law : 9, 8 Offence under Sections 13(1)(d)(i) and (ii) is concerned as in absence of any proof of demand for illegal gratification, the use of corrupt or illegal means or abuse of position as a public servant to obtain any valuable thing or pecuniary advantage cannot be held to be established.

JUDGMENT :

Instant criminal appeal filed under Section 378 of Cr.PC, lays challenge to the judgment of acquittal dated 5.8.2015, passed by the learned Special Judge, Hamirpur, District Hamirpur, H.P., in Corruption Case No. 01 of 2014 (Regd. No. 03/2014), whereby learned court below acquitted the accused of the charges under Section 7 and 13 (2) of the Prevention of Corruption Act, 1988 (in short the “Act” ), by extending him benefit of doubt.

2. Briefly stated facts of the case as emerge from the record are that complainant Prakash Chand made a written report to Dy.SP alleging therein that one Sh. Kultar Singh, Resident of Village Adarsh Nagar, Tehsil Nadaun, had given one application against him on 13.1.2013, in which the accused, the then police Sub-Inspector, PS Nadaun was appointed as Investigating Officer. He alleged that on 28.3.2013 at about 8:00pm, accused called him in the house of one Roshan Lal at Village Lahar and claimed that case has been registered against him and he should get the anticipatory bail, otherwise he will put him behind the bars. Complainant alleged that on 4.4.2013, he was granted anticipatory bail by the court of Sessions Hamirpur. Complainant alleged that after his having granted anticipatory bail, accused repeatedly called him on one pretext or the other. He alleged that accused proclaimed that he has been booked under serious sections of law and case will prolong for four years and he will have to spend Rs.40,000/- to 50,000/-. Complainant alleged that accused told him that in case he wants favour, he should pay sum of Rs. 10,000/- as bribe. Complainant alleged that on 7.4.2013, accused gave a missed-call from his No. 9816028178, but he did not respond and as such, he sent home guard personnel to his house on 8.4.2013. He alleged that accused again made a telephone call on the landline No. 236241 at the house of the Pradhan asking about the whereabouts of the complainant and then made telephonic call on 98827 53433. He alleged that accused made a call on landline No. 236601, which was attended by aged lady employed by him at his house. Complainant alleged that on 9.4.2013, accused had asked him at Nadaun to arrange for the money and provide alternative cell number and as such, he gave contact number of his son. Complainant alleged that accused also gave telephonic call to his son on cell phone No. 94593- 30201. Complainant alleged that on 18.4.2013, he alongwith his son had come to Nadaun on his bike and accused was sitting in the hut of Baba. Accused stopped him and threatened that he will get his anticipatory bail cancelled in case he does not pay the bribe money. On 23.4.2013, complainant addressed a written application to the DYSP SV & ACB, Hamirpur, making therein complaint of bribe being demanded by the accused. After receipt of the written communication, DYSP chalked out a plan to catch the accused red handed and requested Deputy Commissioner, Hamirpur to provide the independent witnesses, upon which Sh. Anupam Kumar, District Revenue Officer, Hamirpur and Sh. Totu Ram, Senior Assistant DRDA Office Hamirpur were deputed. The pretrap exercise was done and complainant was given currency of Rs. 8,000/- of the different denomination, which were treated with phenolphthalein powder and from the trap kit, sodium carbonate power was also made available. During pre-trap exercise, the solution of sodium carbonate power was prepared and Sh. Anumap Kumar DRO was asked to dip the right hand finger into the solution, but the colour of the water remained natural just like water. Thereafter. The treated currency notes were touched by Sh. Anupam Kumar with his right hand finger and then dipped the finger into solution of sodium carbonate and its colour turned pink. During the pre-trap exercise, the members of the trap party were made to understand the procedure to be followed by them in the event of money being recovered from the pocket of the accused. After completion of necessary formalities before layi