S. I. JAFRI, J. The instant appeal has been filed by Zaqaullah appellant hereby impugning his conviction under Section 6, I. P. C. sentence of years R. I. and also his conviction under Section 5 (2) of the Prevention of Corruption Act and sentence of 4 years R. 1. as well as fine of Rs. 1000. 00 recorded by Sri V. S. Bajpai, Special Judge, Nainital vide his judgment and order dated 8-9-1983 in Spl. Sessions Trial No. 4 of 1981. 2. The facts involved in the above appeal are that in the year 1981 Zaqaullah was serving as Wasil flaqi Nawees in Sub-Tehsil Kala Dangi, Dis trict, Nainital. Complainant in the instant case is Satya Pal Singh. He had purchased debris of a hutment belonging to one Naubat with intent to claim regularisation of hi.-, illegal occupation over the land by the District Magistrate Nainital. In the light of the above facts, the prosecution case is that with this object in view, he approached the appellant seeking him to contrive for the complainant the regularisation of his illegal occupation over the land inasmuch as that by the time, Naubat was dead. It is alleged that appellant had agreed to secure this favour under a blandishment from the complainant of Rs. 409. 00 as graft money. It is further alleged this the complainant did not want to part with this money and hence, he approached Harendra Singh Sirohi, Dy. Supdt. of Police (Vigilance) on 22-5-1981 at his residence at Nainital where he handed out a written complaint Ex. Ka 3/8 detailing the facts with regards to demand of graft money by the appellant from the complainant H, S. Sirohi, Dy. S. P. (Vigilance) made an endorsement on the aforesaid application of the complainant to the effect that the aforesaid application had been moved to him at his residence at about 3. 00 p. m. on 22-5-1983. After making an endorse ment on the said application, Harindra Singh Sirohi instructed the complainant to be available at his house at Kala Dangi on 23-5-83 in the afternoon as he would be coming to his house to finalise about he trap to decoy the appellant. The complainant was also directed to keep Rs. 400. 00 in readiness for being given to the appellant as bribe. The complainant was also directed to keep Rs. 400. 00 in readiness for being given to the appellant as bribe. On 23-5-83 H. S. Sirohi along with constable Mohan Singh and Driver constable Khem Singh drove to the house of the com plainant at about 4. 00 p. m. where he met the complainant, Lokeshpal and Shyama Charan. In accordance with instructions, the complainant presented Rs. 400. 00 to the Dy. S. P. (Vigilance) in the denomination of Rs. 100. 00 which the Dy. S. P. (Vigilance) initialled and also treated them with phenol- phthalein powder. After treating the currency notes by the aforesaid powder, they were given back to the complainant with instructions to pass on the notes to the appellant. Thereafter necessary formalities were observed. Subsequent to this, it was instructed to the complainant that the appellant be brought to the tea stall owned by Bishan Singh situate in front of the Tahsil Office and transaction of graft money have to be made in the tea stall. The raiding party led by H. S. Sirohi came to the tea stall of Bishan Singh and took their seats in the aforesaid tea stall. In the meanwhile, the appellant alongwith the complainant, Lokesh Pal Singh P. W. 6 and Shyama Charan came to the tea stall and they also took the tea. After the tea was over, the appellant asked the complainant to accompany him to some distance. It was in between the tea stall and the office of the appellant that the graft money was passed on to the accused appellant by the complainant in full glare of the public witnesses. Lokesh Pal P. W. 6 returned to the tea stall to inform to H. S. Sirohi of the money having been passed on to the appellant, H. S. Sirohi alongwith his companion rushed to the office of the appellant and, therefore, he heard the complainant saying that he had abided by his demand and his application now, he drafted by him. The appellant rose from his seat and took some blank sheet of paper out of the official almirah and the moment he put his pen on the paper, H. S. Sirohi disclosed his identity and took search of the person of the appellant. The search of the person of the appellant yielded Rs. 400. The appellant rose from his seat and took some blank sheet of paper out of the official almirah and the moment he put his pen on the paper, H. S. Sirohi disclosed his identity and took search of the person of the appellant. The search of the person of the appellant yielded Rs. 400. 00 from the left pocket of the appellant which were duly initial and treated by the Dy. Supdt. of Police (Vigilance ). There after the hands of the accused were dipped in the solution prepared from sodium carbonate and the solution turned pink. A sample of the solution was duly sealed in a phial. After the recovery, the appellant was arrested and taken to the Police Station Kala Danga and at the Police Station a case under Section 161, I. P. C. and under Section 3 (1) of the Prevention oi Corruption Act was registered against the appellant at 4. 30 p. m. and the accused was put behind the lock-up. 3. Sheo Raj Singh, Investigating Officer after concluding investigation, submitted charge-sheet against the accused. The accused pleaded not guilty to the charge in the trial court and attributed his false implication in the case to animosity which the complainant harboured towards him. In his defence, he examined as many as three witnesses, namely, Kewala Nand D. W. 1, Chhatra Singh Bora D. W. 2 and Dhani Ram Ralkashan. 4. In order to prove its case, the prosecution examined as many as nine wilnees and out of them, H. S. Sirohi P. W. 4, Satya Pal Singh, P. W. 5, Lokesh Pal P. W. 6 and Khem bingh P. W. 7 were examined as occular witnesses of the occurrence and recovery of Rs. 400. 00 from the possession of the appellant out of his left pocket. 5. Satya Narain Singh is the complainant in the instant case. He has narrated his own version of the case in detail. Initially, he had purchased debris of the hut of one Naubat with the object of claiming regularisation of his illegal occupation over the land by the District Magistrate, Nainital and with this end in view he had approached the appellant Zaqaullah on 21-5-81 that he wanted regularisation of his possession over the land. The appellant initially demanded Rs. 500. 00 as graft money but it was settled at Rs. 400. The appellant initially demanded Rs. 500. 00 as graft money but it was settled at Rs. 400. 00, The appellant asked the complainant to come to him on 23-5-85 with the money and then he would draft the application to secure the lease of the land in his favour. The complainant was aot willing to give Rs. 400. 00 as graft money and hence, the contacted H. S. Sirohi, Dy. S. P. Vigilance at his residence on 22-5-81 alongwith an application. It was at the residence of Dy. S. P. that the plan to decoy and trap the appellant with the graft money was schemed. For the events subsequent to it, I refer to the prosecution version given out in the earlier part of the judgment. 6. The evidence of the complainant has been assailed by the learned counsel for the appellant on several counts. Dwelling on motive to implicate the appellant in this case, the learned counsel submitted that prior to the occurrence in the instant case, ejectment proceedings were launched against Naubat and Satyapal by the appellant. In this context the evidence adduced by the defence will be worthwhile to be appraised. First of all, the learned counsel took me through the evidence of Kewala Nand Reader, D. W. 1 and a scrutiny of his evidence bears it out that the papers connected with the ejectment proceedings of the complainant and Naubat from the land in dispute had already been sent to Tahsildar, Haldwani on 20-5-81 by the appellant which was received there on 22-5-81 i- e. one day earlier. It is deposed by Kewala Nand that eviction proceedings against Naubat had already been initiated against his unauthorised occupation of the land in dispute and notices in furtherance of those proceedings had been issued by the appellant. This evideace of Kwala Nand D W. 1 is lent full corroboration by the testimony of Chhatarpal D. W. 2, who was working as Supervisor Kanoongo and Dhani Ram D. W. 3 who was working as Collection Amin. In the perspective of the above evidence, motive for the complainant to falsely implicate the appellant in the instant case becomes too obvious inasmuch as that the appellant had embarked upon the ejectment proceedings against the complaiaant and one Naubat (who had died by the time) for which land, the complainant wanted the lease to be regularised. In the perspective of the above evidence, motive for the complainant to falsely implicate the appellant in the instant case becomes too obvious inasmuch as that the appellant had embarked upon the ejectment proceedings against the complaiaant and one Naubat (who had died by the time) for which land, the complainant wanted the lease to be regularised. It has been contended by the learned counsel that upon a consideration of the evidtnce of recovery witnesses in entirety, there has been no whisper at any stage in the entire evidence as to the accused appellant having demanded money as bribe from the complainant. The next contention pressed by the learned counsel is that even the solution of phenolphthalein powder which had been sealed in phials as a result of washing is appellants hands and other witnesses Khem Singh was not sent to be analysed by the Chemical Examiner. It is in the light of the above infirmities which the evidence oi Satya Pal complainant, wear, the testimony of the complainant becomes impeachable. Added to this is the lack of corroboration of the evidence oi the complainant from independent source which is conspicuously wanting in this case. Moreso, his evidence dees not inspire confidence. 7. Next comes the evidence of H. S. Sirohi P. W. 4 for scrutiny and appraised. His evidence is fully lent corroboration by complainant Satya Pal Singh. Assailing his evidence, the learned counsel for the appellant submitted that H. S. Sirohi P. W. 4 being the leader of the trap party was too interested in the success of the trap. His evidence suffers from want of indjpaniant corrobora tion and with this infirmity flit across the face of the witness, his evidence is not worthy of any reliance. The glaring omission on his part was that he did not endeavour to procure independent public witnesses to witness the appellant being decoyed and trapped vis-a-vis the fact that number of persons were avail able. He was complacent with the presence of Lokesh Pal and Shyama Gharan who were already present at the house of the complainant. In the above con spectus his evidence is not worthy of being acted upon for the conviction of the appellant. 8. Lokesh Pal P. W. 6 is a pocket witness of the Police and he belongs to the same Biradari of which the complainant is himself a member. In the above con spectus his evidence is not worthy of being acted upon for the conviction of the appellant. 8. Lokesh Pal P. W. 6 is a pocket witness of the Police and he belongs to the same Biradari of which the complainant is himself a member. As con ceded, he also appeared in several cases on behalf of the Police. Being a pocket witness of the Police, he case easily be tutored to depose anything at the behest of the police. Hence his evidence is not at all helpful to the prosecution case. In the like manner, the testimony of Khem Singh P. W. 7 who is the driver of H. S. Sirohi, P. W. 4 cannot be held to be a reliable and independent inasmuch as that he is susceptible to tutoring by H. S. Sirohi to depose anything being one of his subordinate. The learned counsel for the appellant has drawn my attention to the evidence of H. S. Sirohi, P. W. 4 being discrepant with the evidence of Lokesh Pal P. W. 6 in so far as place of preparation of recovery memo is concerned. According to the testimony of H. S. Sirohi, P. W. 4, the recovery memo regarding the bribe money was prepared inside Tahsil Office whereas Lokesh Pal P. W. 6 has deposed in his evidence that it was prepared outside the Tahsil. In this view of the matter, the very preparation of the recovery memo inside Tahsil or outside Tahsil is caught in the web of doubt which goes a long way to further weaken the foundation on which the pro secution case stands. My attention has also been drawn to another glaring feature in the case which bears on the merit of the case. It is borne out from the evidence on record that though the witnesses were in close vicinity of the accused and with in the hearing distance but none of the witnesses stated that they heard any conversation regarding the demand of bribe by the appellant. This also makes a dent in the veracity of the prosecution case. Even the manner in which the trap was laid, leaves much to be desired. This also makes a dent in the veracity of the prosecution case. Even the manner in which the trap was laid, leaves much to be desired. Under the circumstances, the possibility that the complainant motivated by his annoyance with the appellant, had conspired to falsely implicate the appellant, ia the instant case in league with H. S. Sirohi P. W. 4 cannot be ruled out. To sum up the eviction proceedings against the complainant and one Naubat being processed by the appellant, the prosecution failing to examine any independent witnesses who were available at the scene the very manner in which trap was laid against the appellant and the material contradictions with which the prosecution evidence suffer, all converge to one conclusion that ali is not fair with the prosecution case and raises a lot questions which go unanswered by the prosecution evidence. 9. Taking any view of the matter, I feel that the evidence adduced by the prosecution in support of its case has bitterly failed to bring home the guilt to the appellant. The contention of the learned counsel is fully substantiated that the file of ejectment proceedings regarding the land of Naubat had already been sent to Tahsil Haldwani by the appellant two days preceding the date of occurrence and there was no occasion for the appellant to have demanded graft money as a consideration to get the lease executed in favour of the complainant inasmuch as that the lease could not be executed in favour of the complainant Satya Pal Singh since as per requirements he did not belong to Scheduled Caste or Scheduled Tribe. 10. Another fact of impeachable nature which straddles across the veracity and falsity of the prosecution case is the recovery of currency notes given to the appellant as graft money, from the left pocket of the pant of the appellant. It is nowhere suggested by any of the prosecution witnesses that the appellant was left handed and hence it is easily presumable that the appellant was right handed. In the ordinary course, a right handed person makes use of his right hand more often than his left hand. It is nowhere suggested by any of the prosecution witnesses that the appellant was left handed and hence it is easily presumable that the appellant was right handed. In the ordinary course, a right handed person makes use of his right hand more often than his left hand. It was expected that the appellant would have received the amount if at all in his right hand and stuffed in his right pocket of the pant and the prosecution case that the money was received by the appellant in his hand and stuffed in his left pocket of the pant, verges on improbability. It is an important circumstances which over shadows the veracity of the prosecution case. 11. Considering the facts and circumstances and after hearing the sub missions of the learned counsel for the parties, I am of the view that the order of convicticn and sentences recorded by the trial court against the appellant cannot be sustained. 12. In the result, the appeal is allowed. The conviction and sentences recorded against the appellant by the trial court are set aside. The appellant is on bail. He need not surrender. His bail bonds are discharged. Appeal allowed. .