Mere recovery of tainted notes without proof of demand and voluntary acceptance insufficient for conviction under Sections 7, 13(1)(d) PC Act; demand is sine qua non, presumption under Section 20 inapplicable absent demand.

The instant appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure against judgment, dated 15.06.2016, passed by learned Special Judge, Bilaspur, District Bilaspur, H.P. in Corruption Case No. 4/1 of 2012, whereby the accused (respondent herein) was acquitted under Section 7 read with Section13(i)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter called as the ‘PC Act’).

2. The facts giving rise to the present appeal, as per the prosecution story, can be summarized as under:

2(a). On and before 26.05.2011, accused-Ramesh Chand, was posted at Patwar Circle Nakhlehra, Tehsil Jhandutta, District Bilaspur. The accused, being public servant, was working as Patwari and he demanded Rs.2000/- from the complainant Shri Sukh Ram, who was resident of village Rachhera, for closing encroachment file of his family and the accused also accepted the bribe money from the complainant. The accused by illegal means obtained Rs.2000/- from the complainant as illegal gratification. The complainant, on 26.05.2011, moved written application to the then Dy.S.P. Vigilance Department, Bilaspur, dated 26.05.2011, wherein it was stated that the accused had informed him and told that a complaint was received from ‘E-Samadhan’ qua encroachment over the government land by him and his wife and he had to file report within seven days. The complainant further stated in his complaint that the accused had thereafter informed him that he had prepared encroachment file against his wife Smt. Anita Devi, therefore, the complainant went to the accused and requested not to prepare encroachment file. The accused demanded Rs.2000/- and he said that he had to pass over the said amount upto higher level. On the basis of the written complaint of the complainant, FIR was registered in the Anti Corruption Police Station, Bilaspur and trap party was formed. The complainant produced twenty currency notes of rupees hundred each (Rs.2000/- in total) and the Investigating Officer demonstrated mixing of sodium carbonate and phenolphthalein and had put the mixture in a nip. The complainant and witnesses Prem Singh and Sanjay Kumar were witnesses to the demonstration. The currency notes produced by the complainant were treated with phenolphthalein powder and serial numbers of the notes were also noted down. The treated notes were handed over to the complainant and the independent witness was directed to give signal on acceptance of bribe money by the accused from the complainant. Subsequently, the complainant went inside the office of the accused and on the demand of the accused, he handed over the treated currency notes to him. The accused was apprehended on the spot by the police party and the Investigating Officer associated Hardial Singh, Lekh Ram, Ram Chand in the investigation and in their presence the hands of the accused were got washed with the solution of sodium carbonate powder. The color of the solution turned pink and said solution was sealed in a pouch sealed with seal having impression ‘H’. Facsimile seal was handed over to witness Prem Singh. Police searched the drawer of the table of the accused and had recovered twenty currency notes in the denomination of rupees hundred each. Police tallied the serial number of the recovered currency notes and found the same, which were handed over to the complainant after treating the same with phenolphth