DR. JASPAL JASWANI Vs. STATE OF M.P.

JUDGEMENT

(1.) Present appeal arises out of the judgment and order dated 04.08.94 passed by Special Judge, Bastar at Jagdalpur, in Special Case No. 6/1988 convicting the accused/appellant under Sections 5(1) (d) and 5 (2) of the Prevention of Corruption Act, 1947 and Section 161 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for two years and pay fine of Rs. 5000/-, in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) Case of the prosecution in brief is that at the relevant time the accused/appellant was working as Assistant Surgeon in the department of Orthopedics at Maharani (Government) Hospital, Jgdalpur. It is alleged that on 29.08.1986 complainant Tekchand (PW-3) made an application Ex.P-20 before the Collector, Jagdalpur stating that the appellant was demanding Rs. 150/- for his treatment as he had suffered fracture in his left hand. He has stated that he did not want to give the bribe to the accused/appellant and wanted an action to be taken against him. The complaint was forwarded by the Collector to the Inspector (vigilance) of Lokayukt office, Jagdalpur on the same day. On that day itself the Deputy Collector and the Sub-Divisional Magistrate, Jagdalpur verified the said complaint form the complainant and made their endorsement, that the complaint appears to be genuine. On 30.08.1986 another complaint Ex.P-25 was addressed to S.P. (vigilance) narrating the same fact as stated in the earlier complaint. Pre-trap Panchnama was prepared at circuit house, Jagdalpur in the presence of Panch witnesses and thereafter the trap was laid on 30.08.1986 at the house of the accused/appellant at 12.30 p.m. It is alleged that the appellant had received Rs.150/- from the complainant as bribe. The seizure of currency notes was made vide Ex. P-22 and the shirt from which the currency notes were recovered was also seized vide Ex. P-23 and thereafter post trap Panchnama Ex.P-24 was prepared. Phenolphthalein test was conducted and it was found positive. Thereafter Dehati Nalishi Ex.P-28 was recorded for the offence under Sections 5 (1) (d) and 5 (2) of the Prevention of Corruption Act, 1947 and 161 Indian Penal Code and based on this; FIR Ex. P-29 was registered. F.S.L report Ex. P-32 was received by the prosecution. Sanction to prosecute the accused/appellant was obtained on 09.12.1987 vide Ex. P-15. After investigation, charge sheet was filed on 26.04.1988 and the Court below framed the charges on 20.11.1989.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 17 witnesses in support of its case. Statement of the accused/appellant was also recorded under section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case.