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2026:CGHC:10630

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 573 of 2024

State Of Chhattisgarh Through State Economic Offence Wing And Anti

Corruption Bureau, Chhattisgarh, Raipur (C.G.)

... Appellant

versus

Ku. Nanda Sahu, S/o Shri Sevaram Sahu, Aged About 27 Years P.H. No.

33, Komakhan, Tahsil Bagbahra, District Mahasamund (C.G.), Permanent

R/o Ayodhya Nagar, Ward No. 03, Near Goodshefard School, Mahasamund

(C.G.)

... Respondent

(Cause title taken from Case Information System)

For Appellant/State : Mr. Ashutosh Trivedi, Panel Lawyer

For Respondent : Ms. Surya Kawalkar Dangi, Advocate

Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

28/02/2026

1.

Present is an acquittal appeal filed by the State under Section 378(1)

of the Code of Criminal Procedure, 1973 against the impugned

VED judgment of acquittal dated 21.09.2021, passed by the learned

PRAKASH

DEWANGAN

Special Judge (Prevention of Corruption Act) Mahasamund, in

Digitally signed by

VED PRAKASH

DEWANGAN Special Case No. H-1/2018, whereby the respondent/accused, who

Date: 2026.03.02

19:29:02 +0530

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was at the relevant time working as Patwari, Village Komakhan, has

been acquitted of the charges under Sections 7, 13(1)(d) read with

Section 13(2) of the Prevention of Corruption Act, 1988.

2.

Brief facts of the case are that the complainant-Nagendra Singh

Thakur (PW-8), made a complaint to the Superintendent of Police,

Anti Corruption Bureau, Raipur, on 12-10-2017, alleging that the

respondent-accused demanded ₹20,000/- in lieu of issuing a new Rin

Pustika of his land, as illegal gratification. Since, he did not want to

give her the bribe, he made a complaint to the Anti Corruption

Bureau. The officers of the Anti Corruption Bureau gave the

complainant a digital voice recorder to get the conversation recorded

with the accused.

******* On 26.10.2017, the complainant informed the investigating

officer that, he recorded the conversation with the accused in the

digital tap recorder and settled the amount of bribe of ₹15,000/-, out

of which ₹5,000/- he has already paid. The complainant was asked to

appear in the office of Anti Corruption Bureau on 30.10.2017, at

about 5:00 AM. At the relevant time, when the complainant appeared

at the office of Anti Corruption Bureau, a trap was constituted, FIR

was registered, pre-trap panchnama were drawn and after

completion of usual formalities, the trap party proceeded towards the

place of incident. At the office of the respondent-accused, the

complainant handed over the tainted currency notes to the accused

and made a gesture and then the members of the trap party went

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there and caught hold the accused. The hands of the accused were

washed and the colour of the solution turned into pink colour.

3.

Necessary panchnamas were prepared and after completion of usual

investigation, charge sheet was filed against the respondent-accused

for the offence under Sections 7, 13(1)(d) read with Section 13(2) of

the Prevention of Corruption Act, 1988 before the learned trial Court.

4.

The learned trial Court framed charge under Sections 7, 13(1)(d),

13(2) of the Prevention of Corruption Act, 1988, which the

respondent-accused has denied and claimed trial. The prosecution

has examined as many as 16 witnesses to prove the charge against

the respondent-accused. The statement of the respondent-accused

under Section 313 of Cr.P.C. has also been recorded, in which she

denied the circumstances that appears, pleaded innocence and

submitted that she has been falsely implicated in the offence and she

is innocent. Two defence witnesses, Noharlal (DW-1) and Chaman

Thakur (DW-2) have been examined by the respondent-accused.

5.

After appreciation of the oral as well as documentary evidence led by

the parties, the learned trial Court acquitted the respondent-accused

from the alleged offence holding that the prosecution could not prove

its case beyond reasonable doubt and the three limbs of the offence,

i.e. demand, acceptance and recovery are shaky and on the basis of

the evidence available on recor