2026:CGHC:463 Digitally signed by AVANISH KUMAR NAFR PATHAK Date:

2026.01.09

10:50:25 HIGH COURT OF CHHATTISGARH AT BILASPUR +0530 ACQA No. 245 of 2019 Manoj Kumar Diwakar S/o Kirtan Lal Aged About 38 Years R/o Village And Post Kataud, Ward No. 11, Tahsil Nawagarh, District Janjgir Champa Chhattisgarh.

(Complainant )

... Appellant versus

1 - State Of Chhattisgarh Through Station House Officer, Police Station Anti Corruption Bureau, Raipur District Raipur Chhattisgarh. (Prosecution) 2 - Gunesh Vaishnav S/o Shri S.D. Vaishnav Aged About 42 Years Sub Auditor Office At Deputy Registrar Sahakari Society, Baloda Bazar, Permanent Resident Of House No. 269, Shikshak Colony, Tilda, Police Station Tilda, District Raipur Chhattisgarh. (Accused )

... Respondents For appellant : Mr. Mallic Sudip Ravi, Adv.

For Respondent : Ms. Anuradha Jain, Dy. Govt. Adv.

For respondent No. 2 : Mr. Achyut Tiwari, Adv.

(Hon’ble Mr. Justice Naresh Kumar Chandravanshi)

Judgment on Board

5-1-2026

1. This acquittal appeal under Section 372 of the Criminal Procedure Code, 1973 (for brevity “Cr.P.C.”) has been filed by the appellant / complainant challenging the judgment dated 18-1-2019 passed by the Spacial Judge (Prevention of Corruption Act) Balodabajar, Distt. Balodabajar-Bhatapara (C.G.) in Special Criminal Case (Prevention of Corruption Act) No. 01/2018, whereby the respondent/accused has been acquitted of the charge under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (henceforth, referred to as ‘PC Act’).

2. Case of the prosecution, in brief, is that, appellant/complainant was posted as Manager, Cooperative Societies, Khaira Distt. Balodabajar. Audit of account of the said society for the year 2016-17 was to be carried out by the respondent/accused, who was posted as Sub Auditor in the office of Sub Registrar, Cooperative Societies, Balodabajar. It is alleged that, the respondent/accused demanded bribe of Rs. 12,000/- from the appellant complainant for not making any negative remark in the audit report. On said demand made by the accused, the complainant paid Rs. 5,000/- on 27-9-2017 as bribe money and remaining Rs. 7,000/- was to be paid by him within 4-5 days. The complainant made written report (Ex. P-45) on 29-9-2017. For verification of the complaint, a Digital Voice Recorder was given to him for recording of conversation for demand of bribe. The conversation between the complainant and accused was recorded by complainant on 3-10-2017, to which, he informed Investigating Officer Satyaprakash Tiwari (P.W. 8) of the Anti Corruption Bureau over phone on 7-10-2017. Second complaint (Ex. P- 24) was made by the complainant on 9-10-2017. On same day, the conversation present in the Digital Voice Recorder was transcribed and trap was laid on the same day. On 9-10-2017, the complainant went to the office of accused and gave phenolphthalein powder applied notes of Rs. 7,000/- to him which he received and kept in pocket of his jeans trouser. He was caught by the Anti Corruption Bureau and on being dipped his fingers in the liquid of Sodium Corrobonate, the colour of the same turned pink. Alleged bribed money Rs. 7,000/- was seized from the possession of the accused. He was arrested. After completion of other procedures, charge sheet was filed against the appellant for the offence under Sections 7, 13(1)(d) and 13(2) of the PC Act before the Special Court, who conducted trial.

3. Learned Special Judge framed charge against the accused under Sections 7, 13(1)(d) and 13(2) of the PC Act, who abjured the guilt and claimed trial.

4. In order to establish the charge against the accused, the prosecution has exhibited following 63 documents and examined following witnesses:-

WITNESSES Statement of the accused was recorded under section 313 of Cr.P.C., in which, he denied the incriminating circumstances appearing against him, pleaded innocence and false implication. He has not examined any witness in his defence.

5. After appreciation of the evidence adduced