IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
State of H.P. – Appellant
Versus
Girdhari Lal – Respondent
Cr. Appeal No. 323 of 2015
| Table of Content |
|---|
| 1. summary of trial facts, charges framed, the prosecution's case, and the accused's defense. (Para 1 , 2 , 3 , 4 , 5) |
| 2. summary of findings of the trial court and the grounds for the state's appeal based on evidence evaluation. (Para 6 , 7 , 8 , 9 , 10) |
| 3. legal standards for appellate interference in judgments of acquittal, emphasizing limited intervention. (Para 11 , 12 , 13 , 14 , 15) |
| 4. court's re-evaluation of evidentiary discrepancies, motive of enmity, and the suspicious nature of the bribe allegation. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 5. formal dismissal of the appeal and directions regarding security bonds. (Para 30 , 31 , 32 , 33) |
The present appeal is directed against the judgment dated 09.12.2014, passed by the learned Special Judge, Una, H.P (Learned Trial Court) vide which the respondent (accused before the learned Trial Court) was acquitted of the charges framed against him. (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 for the commission of an offence punishable under Section 7, read with Section 13(2) of the Prevention of Corruption Act (PC Act). It was asserted that the informant Sushil Kumar (PW11) was holding a General Power of Attorney of his mother Ramakanta for partitioning Khewat Nos. 57 and 58. The partition application was allowed. The informant talked to the accused Girdhari Lal, Reader to Tehsildar, who revealed that the memorandum of partition was to be prepared. The accused asked the informant to deposit the stamp duty of ₹ 30,000/- @ 1½ % per square meter. The informant expressed his inability to pay the amount, after which the accused told the informant to pay ₹1200/- to him. The informant told the accused that he was not carrying that much money, and he would arrange for the money. The informant consulted Lekh Raj (PW14), who advised him (the informant) to approach the Anti-Corruption Bureau. The informant filed an application (Ext.PW11/A) before the Anti-Corruption Bureau. An FIR (Ext.PW16/A) was registered. Dy.SP Narinder Kumar (PW16) investigated the matter. He wrote a letter (Ext.PW16/B) to AETC Una, for the deputation of an officer and Jodh Singh (PW1) was deputed. He visited the Police Station on 26.05.2012 at about 12:20 PM. The informant disclosed the facts of the case to Jodh Singh (PW1). Dy.SP Narinder Kumar (PW16) demonstrated the use of phenolphthalein and sodium bicarbonate and prepared the Memo (Ext.PW1/A). The informant produced two currency notes of ₹ 500/- and two currency notes of ₹100/- before the Investigating Officer Dy.SP Narinder Kumar (PW16), who recorded the serial number of those currency notes and treated them with phenolphthalein powder. He put them in the left pocket of the informant’s shirt and directed the informant not to shake hands with anybody, and to give the currency notes to the accused on his demand. He prepared a Memo (Ext.PW1/B). Lekh Raj was directed to remain in eye contact with the raiding party and signal them by moving his hand on his head after the receipt of the bribe money by the accused. The informant and shadow witness were sent to the Tehsil Office, Una. The raiding party also reached the Tehsil Office, Una at 1:30 PM. It was discovered that the office was closed for lunch, and the accused had also closed his room. The raiding party waited for the signal from the shadow witness. Shadow witness signalled the raiding party, and Constable Ashwani Kumar, HHC Subhash Chand (PW12), went inside the room of the accused. HHC Subhash Chand (PW12) caught the right wrist of the accused, whereas Constable Ashwani Kumar caught the left wrist of the accused. The raiding party also reached the spot and introduced themselves to the accused. Naib Tehsildar Gurdial Singh (PW2) was called to the spot
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