Proof of demand and voluntary acceptance essential for conviction under Sections 7/13(2) PC Act; mere tainted money recovery insufficient. Appellate interference in acquittal only if perverse or unreasonable view taken by trial court.

JUDGMENT :
Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 18.10.2012, passed by learned Special Judge, Kangra at Dharamshala, H.P. (learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of an offence punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (PC Act). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Sections 7 and 13(2) of the PC Act. It was asserted that Satpal died on 1.10.2008. Satpal had executed a Will of his property in the name of the informant Devender Singh. The informant presented the Will before Harnam Singh (accused) Patwari, Patwar Circle, Gurchal (accused) and Puran Singh, Patwari, Patwar Circle, Sadwan. Both the Patwaris entered the mutation in the informant’s name on the basis of the Will. Chain Singh, Jaswant Singh and Tek Singh objected to the attestation of the mutation, and Tehsildar Nurpur attested the mutation in the names of Satpal’s brother. The informant wanted to prefer an appeal against the order passed by Tehsildar, Nurpur. He demanded the documents from Harnam Singh (accused). However, the accused prevaricated. The informant went to Gurchal on 2.6.2009 to obtain the documents of the land, but he was told that Harnam Singh had gone to the Tehsil office, Nurpur. The informant went to the Tehsil Office in Nurpur and demanded documents of the land. The accused demanded Rs.2,000/- for supplying the documents. The informant talked to Nardev, who advised him to make a complaint to the police. The informant made a statement to the police, who registered an FIR (Ex.PW1/A). Inspector Baldev Ram (PW13) demonstrated the use of phenolphthalein and sodium carbonate powder. He prepared the solution of both the chemicals in two separate glasses, and the water remained colourless. He mixed the solutions, and the water turned pink. He prepared the memo (Ex.PW1/B) and put the solution in a nip. He sealed the nip with seal ‘H’. The informant produced four currency notes of Rs.500/- each. Inspector Baldev treated each currency note with phenolphthalein powder. He noticed the serial numbers of the currency notes in the memo (Ex. PW1/C). He handed over the currency notes to the informant Devender Singh. He advised the informant not to fiddle with the currency notes unnecessarily and hand them over to the Patwari on demand. A trap party consisting of Inspector Baldev Ram, SI Kirpa Ram, SI Ram Swaroop, Constable Navneet Kumar, Constable Akshay and Constable Veer Singh was constituted. The informant Devinder Singh and witness Nardev Singh were taken with the trap party to the spot. All of them reached Gurchal at about 4.15 PM. The informant and Nardev were sent to Patwarkhana, and the remaining members of the trap party concealed themselves around Patwarkhana. Nardev Singh was told to signal the members of the trap party about the acceptance of the bribe by circling his hand on his head. The informant and Nardev returned at about 5.30 PM and said that Patwari had not prepared the revenue record and had called the informant on the next day. The