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2026 Supreme(Online)(HP) 1832

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



Advocates:
For the Appellants/Petitioners: Lokender Kutlehria
For the Respondents: Sheetal Vyas

In an appeal against acquittal, the High Court shall not disturb the trial court's findings if they represent a reasonable view supported by the evidence on record, particularly where contradictions, procedural infirmities, and motive for false implication exist, thereby raising doubt regarding the ingredients of the corruption charge.

Headnote:(A) Prevention of Corruption Act, 1988 - Section 7 and 13(2) - Appeal against acquittal - Allegation of demand and acceptance of illegal gratification - Accused acquitted by Trial Court - Prosecution failed to prove necessary ingredients of offence - Discrepancies in recovery proceedings and evidence of witnesses regarding payment - Demand of Rs. 1200/- found suspiciously close to statutory stamp duty of Rs. 1192.62/- - Existence of enmity between complainant and revenue officials - Appellate court should not interfere with reasonable view taken by trial court - Acquittal upheld. (Paras 6, 24, 25, 29)

Facts of the case:
The respondent was charged with demanding illegal gratification of Rs. 1200/- from the informant for processing partition applications. The prosecution alleged a trap was laid, and currency notes were recovered from the room after a delay of several hours. The trial court acquitted the accused citing contradictions in testimony, the suspicious nature of the demand amount relative to official stamp duty, and the informant's prior enmity with revenue staff.

Findings of Court:
The prosecution's narrative regarding the trap and subsequent recovery was inconsistent and improbable, particularly given the documentary evidence showing the stamp fee coincided with the demanded amount. The trial court's view being reasonable, no interference warranted.

Issues: Whether the trial court was justified in acquitting the accused due to material contradictions, inconsistencies in recovery procedure, and evidence suggesting the demand was for legal stamp duty rather than a bribe.

Ratio Decidendi: An appellate court sitting in appeal against an acquittal should not interfere if the view taken by the trial court is reasonable and based on material evidence, even if another view is possible. The existence of contradictions and the plausibility of the payment being for official purposes undermined the prosecution's burden of proof.

Result: Appeal dismissed.

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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