2025 Supreme(Online)(J&K) 1840
JAMMU AND KASHMIR HIGH COURT
Rajesh Sekhri, J.
State of J and K v. Parveen Sharma
Crl. A. A. No. 246 of 2014
1. This appeal has been directed against the judgement dated 21.01.2014, passed by learned Additional Sessions Judge (Anti - Corruption), Jammu, ("the trial court'), vide which respondent came to be acquitted of the charge, for offence under S.5(2) of J and K Prevention of Corruption Act, 1949 ("the PC Act"), read with S.161 of Ranbir Penal Code ("RPC").
2. Before a closer look at the grounds urged in the memo of appeal, it shall be apt to have an overview of the background facts.
3. As factual narration would unfurl, One Sham Singh lodged a written complaint before the SSP, Vigilance Organisation Jammu (VOJ), stating inter alia that he had applied for the registration of an SSI Unit namely "SHABNAM INDUSTRIES" at Chak Majra, Tehsil Bishnah, Jammu, with the District Industries Centre, (DIC), Jammu, and his file was lying with the Head Clerk, Parveen Sharma (the respondent) for issuance of the Registration Certificate. It was alleged by the complainant that respondent demanded Rs.5,000/- bribe for processing the file, by 07.05.2009. The complainant approached VOJ for action and FIR No. 25/2009 for aforesaid offences came to be registered against the respondent.
3.1 A trap laying team, headed by Sh. Khalil Ahmed Poswal, Dy.SP came to be constituted on 07.11.2009. As per the prosecution case, the complainant narrated the story to the trap team, including independent witnesses, PW Sham Lal Sharma, AE, and Kuldeep Abrol of PHE Department. He produced Rs.5,000/- in the form of 10 currency notes of Rs.500/- denomination each. The numbers of these notes were recorded and retained by the independent witnesses on paper slips. These currency notes were dusted with Phenolphthalein powder. PW Sham Lal Sharma, AE, one of the independent witnesses, was asked to touch the currency notes and wash his hands in a solution of Sodium carbonate, which turned pink upon reaction. In this manner, the reaction of Phenolphthalein powder with Sodium carbonate solution was explained to the trap team. The dusted currency notes were kept in the left upper pocket of the complainant's shirt and he was instructed not to shake hands with anyone and to hand over said money to the respondent upon demand. PW Kuldeep Abrol, AE, the second independent witness, was asked to act as a shadow witness and was directed to stay as close to the complainant as possible, to listen the conversation between complainant and the respondent - accused and give signal to the trap team members.
3.2 After the demonstration, the trap team, at around 4.00 PM reached Dogra Chowk, Jammu and left their vehicles there. While the complainant and shadow witness proceeded to meet the respondent - accused in the DIC Office, other members of the team took their respective positions in the office of DIC at Exhibition Ground, Jammu, maintaining a reasonable distance and waiting for the signal from the shadow witness. After 5 to 7 minutes, the shadow witness gave the pre - fixed signal, prompting the trap team members to rush into the office of the Manager, Economic Investigation, DIC Jammu. The complainant, Sham Singh, who was present there, stated that respondent had demanded and accepted the bribe amount of Rs.5,000/- from him with his right hand, kept the tainted money in the drawer of his office table and handed over the file of SSI Unit "SHABNAM INDUSTRIES". The version of the complainant was corroborated by the shadow witness.
3.3 When inquired, it transpired that respondent was a Statistical Officer in the DIC Office. Thereafter, a solution of Sodium Carbonate was prepared. The independent witness PW Kuldeep Abrol, AE, rinsed his right - hand finger in the solution, but the colour of the solution did not change. However, it was alleged that when respondent rinsed his right - hand finger in the solution, the colour of sodium carbonate solution turned pink, which was preserved and sealed in a clean glass bottle. Again, a fresh solution of sodium carbonate was prepared and when respondent rinsed