Rakesh Kainthla, Judge

The present appeal is directed against the judgment dated 19.09.2013, passed by the learned Special Judge, Sirmour, District at Nahan, H.P. (learned Trial Court) vide which the respondent (accused before the learned Trial Court) was acquitted of the charged offences (The 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 before the learned Trial Court against the accused for the commission of offences punishable under Sections 7 and 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988 (PC Act). It was asserted that Jivnee, mother of the informant Nazakat Ali (PW-1), had inherited 3 Bighas and 14 Biswas of land after her mother’s death in Village Bogrian, Tehsil Nahan, H.P. A mutation was to be attested in her favour. Accused (Kailash Chand ) was posted as Patwari in Patwar Circle, Nahan, H.P. The informant visited the office of the accused many times for entering the mutation. The accused demanded ₹3000/- as a bribe for entering the mutation. The accused called the informant to Patwarkhana on 07.01.2012 with ₹3000/-. The informant narrated the matter to the police by means of an application (Ext.PW-1/A). FIR (Ext.PW-7/A) was registered by Deputy Superintendent of Police (Dy.SP) Babita Rana (PW-10), who joined Avtar Singh (PW-5) and Dalip Kumar (PW-4) with the investigation. She constituted a trap party consisting of Inspector Kulvinder Singh (PW-13). Inspector Madan Lal, Inspector Vidya Chand, Sub –Inspector Joginder, HC Sudhir Chauhan, Constable Dev Raj (PW-8), informant Nazakat Ali (PW-1), Mehmood Khan (PW-2), Avtar Singh (PW-5), and Dalip Kumar (PW-4). Dy. S.P Babita Rana (PW-10) read over the contents of the application (Ext.PW-1/A) to the members of the trap party. Nazakat Ali produced four currency notes of ₹500/- and ten currency notes of ₹100/-, which were counted by Mehmood Khan (PW-2). Dy. SP Babita Ran prepared the solution of sodium carbonate powder in a clean glass of water, and the water remained colourless. Mehmood Khan (PW-2) was asked to dip his fingers in the solution, and the solution did not change colour. Serial numbers of currency notes were noted in a pre-trap memo. Babita Rana (PW-10) dusted the currency notes with Phenolphthalein powder and handed them over to Mehmood Khan (PW-2), who counted them. Mehmood Khan (PW-2) was asked to put the currency notes in the left pocket of Nazakat Ali’s jacket. Mehmood Khan (PW-2) was asked to dip his fingers in the solution of sodium carbonate, and the colour changed to pink. The witnesses were told about the use of Phenolphthalein powder and sodium carbonate. Mehmood Khan (PW-2) threw the pink solution in the bathroom. He washed his hands with soap. All the members of the trap party also washed their hands.

3. Learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, he was charged with the commission of offences punishable under Section 7 & 13 (i) (d) and 13 (2) of the PC Act, to which the accused pleaded not guilty and claimed to be tried.

4. The prosecution examined 13 witnesses to prove its case. Nazakat Ali (PW-1) is the informant. Mehmood Khan (PW-2) is the shadow witness. Kamal Kishore Saini produced the record regarding the appointment and posting of the accused. Dalip Kumar (PW-4), Avtar Singh (PW-5), SI Joginder Singh (PW-7) and Constable Dev Raj (PW-8) were members of the trap party. Constable Rajan Thakur (PW-6) was working as MHC with whom part of the case property was deposited. Constable Angrez Singh (PW-9) carried the case property to FSL Junga. Babita Rana was posted as Dy. S.P., who conducted pre-trap proceedings. Constable Mohamad Khalid was posted as MHC with whom the case property was deposited. Dr Jagjit Singh (PW-12) was posted as a Scientific Officer, who analysed the case property