ASHA VERMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is directed against judgment of conviction and order of sentence dated 6-9-1996 passed by the 1st Additional Sessions Judge, Bilaspur in Special Case No. 5/1992, by which, the Court below after holding the appellant guilty for commission of offence punishable under Section 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act") sentenced to undergo rigorous imprisonment for one year for each of the offences found proved, to run concurrently. It is not in dispute that on the date of the incident, the deceased appellant-Madan Kishore was posted and working on the post of Clerk in Tehsil Office at Bilha. The story of the prosecution is that while the deceased-appellant-Madan Kishore was posted and working on the post of Clerk in the Tehsil Office at Bilha, a case involving complainant-Anand Ram was pending in the Court of Tehsildar and the complainant was interested in bringing the said litigation to an end. On 3-2-1990, when complainant-Anand Ram attended revenue proceedings in the Tehsil Office at Bilha, he requested the accused to manage the dismissal of the case, upon which, the accused demanded illegal gratification of Rs. 200/- for getting the case dismissed. Further case of the prosecution is that finally, the deal was struck at Rs. 100/- and on 20-2-1990 i.e. the next date of hearing, the complainant was asked to come with Rs. 100/-. As the complainant-Anand Ram was not inclined to satisfy the demand of bribe, he submitted a written complaint Ex. P-1 on 19-2-1990 in the Vigilance Office at Bilaspur before the U.S.P. (Vigilance). On such written complaint being lodged, C B. Singh, P.W. 1 and another government witness were summoned and introduced to the complainant. After arriving at prima facie satisfaction with regard to genuineness of the complainant-Anand Ram, the concerned D.S.P. (Vigilance) proceeded to make arrangement for trap proceedings. A pre-trap demonstration was arranged in the Vigilance Office wherein solution of Sodium Carbonate was prepared in a glass. On dip of water paper, colour did not change. Thereafter, another peace of paper containing Phenolphthalein Powder was again dipped in the solution of Sodium Carbonate, which turned the solution pink in colour. A Panchnama of pre-trap proceedings were prepared vide Ex. P-2. After giving such demonstration, the complainant was asked to present currency note of Rs. 100/- which was placed, on which, Phenolphthalein Powder was smeared and kept in the pocket of the complainant. The complainant was also informed and guided as to how the trap would be arranged and the role which he is required to play in the trap proceedings. The number noted in the currency note of Rs. 100/- was also recorded in the pre-trap proceedings, vide Panchnama Ex. P-2.

(2.) After preparing panchnama of arranging trap proceedings in Ex. P-2, the trap team proceeded towards Tehsil Office at Bilha where the complainant was asked to come with bribe of Rs. 100/- by the accused. The vehicle in which, members of the trap team proceeded along with the complainant, stopped near Bilha Railway Station and the complainant was asked to proceed to the spot i.e. Tehsil Office at Bilha for giving bribe and the members of the trap team gathered around the Tehsil Office at different places in order to witness the incident. The accused and the complainant were found in a hotel and the complainant-Anand Ram gave currency note of Rs. 100/- to the accused. Thereafter, receiving trap signal, members of the trap team immediately arrived at the spot and caught hold of the accused and currency note of Rs. 100/- was recovered and was seized vide Ex. P-3 along with some more currency notes and the clothes of the accused appellant. Vide Ex. P-4, records of proceedings of case pending before the Executive Magistrate, Bilha were seized from the possession of the accused appellant and were given on supurdnama of Tehsildar, Bilha vide Ex. P-4 (B) for being produced during the course of trial as and when required. Vide Ex. P-5, other records relating to disputes where complainant was a party and were pending in the Tehsil Office at Bilha relating to mutation proceedings, were also seized. Vide Ex. P-6, some other relevant documents including notes and order passed in Civil proceedings were seized. Panchnama of the trap proceedings carried out by the trap team was prepared vide Ex. P-7.

(3.) Hands of the accused were washed in the Sodium Carbonate solution, which turned pink. Upon pocket part of the shirt of the accused being washed, the same also turned in light pink colour. Thereafter, solution of hand wash of the accused was kept in a bottle and sealed and clothes were also sealed. The samples were thereafter sent for examination to the Forensic Science Laboratory. After completing the trap proceedings and the investigation and after obtaining sanction for prosecution vide Ex. P-8 against the accused-appellant, charge sheet was filed. The report Ex. P-15 received from the office of Director, Forensic Science Laboratory, Sagar, reported positive test of the bottles containing, hand wash and cloth wash of the accused, contained in the sealed bottles sent to Forensic Science Laboratory.