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2022 Supreme(P&H) 966

AVNEESH JHINGAN
State Of Haryana – Appellant
Versus
Ishwar – Respondent


Advocates:
Ms. Geeta Sharma, DAG, Haryana., Mr. Vinay Kumar, Advocate, for the Respondent.

JUDGMENT

Avneesh Jhingan, J. (Oral) - This application is filed seeking Leave to Appeal against acquittal of the respondents in case of FIR No. 26 dated 18.6.2013, under Sections 7 and 13 of the Prevention of Corruption Act, 1988 (for short, 'the Act').

2. A complaint was submitted by Mainpal on 18.6.2013. The allegations were that he had filed an application in PWD, B&R Office, Hissar, for issuance of contractor licence and respondent No.2-Jagdish, Senior Accounts Clerk demanded Rs.10,000/- as bribe. The deal was struck for Rs.8500/-. The complainant was directed to pay the amount to respondent No.1-Ishwar Singh, Computer Operator. On the basis of the complaint, a trap was laid. Sube Singh, Suresh Ravish and Devi Lal were Shadow witness, Duty Magistrate and Investigating Officer respectively. Laced currency notes worth Rs.8500/- were recovered from the pocket of respondent No.1-Ishwar Singh.

3. The prosecution in order to prove its case, apart from other evidence, relied upon the FSL report, deposition of complainant-Mainpal, shadow witness, Duty Magistrate and the Investigating Officer. A document received under the Right to Information Act, 2005 was exhibited by defence as D2 which

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