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4 Spl.C.C.33/2012

3. CW2-B.V.Harish Kumar & CW3-Sharath Kumar, the employees of BWSSB, Bangalore, were secured to act as witnesses for the trap. The complainant produced Rs.3,000/- (6 currency notes denomination of Rs.500/-), marked at MO-9. The serial numbers of the currency notes were recorded in a white sheet as per Ex.P-5. The currency notes were smeared with phenolphthalein powder. CW3-Sharath Kumar, after verifying & counting the tainted currency notes, has placed it in the left side shirt pocket of the complainant. Both the hand fingers of CW3 were made to dip in sodium carbonate solution. The said solution becomes pink colour. The Voice Recorder produced along with the complaint was played in the presence of the witnesses & the contents of it were converted to CD and transcript into writing as per Ex.P-6. The complainant was instructed to go and approach the accused, speak with him about the work, and to give the money only on demand and not to touch the said currency notes until it was demanded by the accused. He was further instructed to give signal by removing the spectacles and to wipe it with his shirt if the accused received the money. Complainant was provided with Voice Recorder and instructed to switch it on while approaching the accused and to record the conversation. Button Camera was installed to the shirt of CW4-Rajashekar with an instruction to switch it on while approaching the accused and record the scene. CW2- B.V.Harish Kumar was instructed to follow the complainant and to observe what transpires between the complainant & 5 Spl.C.C.33/2012 accused. Step by step all the events were video-graphed, contents of it were converted to CD. Entrustment Mahazar as per Ex.P2 was prepared and obtained the signatures of the witnesses.

17. The prosecution has examined CW3-R.Sharath Kumar as PW-3. PW-3 is co-panch witness. PW-3 has deposed that, on 17.10.2011, he along with PW-2 appeared before CW-16. He was requested to assist as witness in the trap. Complainant produced 6 currency notes denomination of Rs.500/- each. The said currency notes were smeared with phenolphthalein powder. He counted the tainted currency notes and placed it in the left side pocket of the complainant. CW-16 has explained the chemical reaction when the sodium carbonate solution comes into contact with phenolphthalein powder. Thereafter, both the hand fingers were washed in the sodium carbonate solution, which turned to pink colour. The Voice Recorder was played in his presence and transcript into writing. Pre-Trap Mahazar was prepared as per Ex.P-2. Thereafter, they left for BBMP office, J.C.Road. When CW-4 contacted the accused over phone, he was informed to meet in the BBMP office situated in the premises of Maternity Hospital. Accordingly, they proceeded to 14 Spl.C.C.33/2012 the said place. PWs-1 & 2 and CW-4 proceeded to the BBMP office in the premises of Maternity Hospital. He along with CW-16 & his staff were standing at some distance from the BBMP office. Then 5-10 minutes thereafter, PW-1 gave pre-instructed signal. Immediately, they rushed to the spot. On seeing them, the accused attempted to take out tainted currency notes from right side pocket of his pant. Both hand fingers of the accused were washed in the sodium carbonate solution. The right hand wash of the accused turned to pink colour. The left hand wash has not turned to any colour. The tainted currency notes were recovered from the accused through CW-4. The accused was brought to BBMP office, J.C.Road, wherein Attendance Register & the documents relating to the complainant were seized. The pant of the accused was seized. The contents of the camera were converted to CD & transcript into writing. CW-5 identified the voice of the accused recorded in the CD. The accused gave written explanation as per Ex.P-4. All the seized articles were sealed with Metal Seal and handed over to him. Trap Mahazar was prepared as per Ex.P-3 and obtained their signatures.

24. The prosecution has examined CW-16- Sanjeevarayappa T. as PW-6. PW-6 is the Investigating Officer. PW-6 has deposed about registering of FIR, drawing of Entrustment Mahazar, laying of trap, resultant hand wash of accused turning to pink colour, recovery of currency notes of Rs.3,000/- from accused, playing of Digital Voice Recorder and Button Camera containing the conversation/scene, converting into CD and transcript into writing, identification of voice of accused through CW-5, recording of statement of witnesses, incorporating material substance of the statements of witnesses in the Trap Mahazar, collecting service particulars of accused, receipt of Chemical Examination Report, obtaining spot sketch & receiving Sanction Order from the Competent Authority to prosecute the accused, etc.