PRABHAT KUMAR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant, aggrieved by his conviction under Sections 7 and 13(1) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act") and sentence of rigorous imprisonment for one year on each count, has preferred this appeal by grant of special leave.

(2.) According to the prosecution, Chhavi Majhian (PW S), a loader in Bhawra Colliery of Bharat Coking Coal Ltd., Dhanbad, fractured her hand and her son PW 2, Bhagat Tadu took her to Jiyalgora Central Hospital on 24-8-1993 for plaster and met Dr. Sahu who had advised them to come on 25-8-1993. As advised, Bhagat Tadu and Chhavi Majhian went to the Hospital on 25-8-1993 but did not find Dr. Sahu there, rather Dr. Prabhat Kumar Gupta, the appellant herein was present in the chamber. He assured to plaster the hand but according to the prosecution he demanded Rs 100 as illegal gratification. Bhagat Tadu was not prepared to pay the said amount and he submitted a report dated 25-8-1993 to the Superintendent of Police, Central Bureau of Investigation, Dhanbad.

(3.) On the basis of that a trap was arranged to apprehend Dr. Gupta red-handed while demanding and accepting the illegal gratification. As directed, Bhagat Tadu produced 100 rupee note, which was treated with phenolphthalein powder and handed over to him with the instruction to give the same to the appellant, only when he makes such a demand. The number of currency note was noted in the preliminary memorandum in which pre-trap formalities were also incorporated.