V RAGHAV RAO NOW DEAD THROUGH LEGAL REPRESENTATIVES Vs. THE STATE OF MADHYA PRADESH NOW STATE OF CHHATTISGARH THROUGH CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The instant appeal preferred by accused/appellant V. Raghav Rao is directed against judgment dated 21st May, 1996 passed by 5th Additional Sessions Judge, and Special Judge (CBI), Jabalpur in Special Case No.29/93, whereby the learned Special Judge has convicted the accused/appellant under Sections 7 and 13(1)(d)/13(2) of the Prevention of Corruption Act, 1988 (henceforth 'the Act, 1988') and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.2,000/- and to undergo rigorous imprisonment for two years and to pay fine of Rs.4,000/-, respectively. In default of payment of fine, the accused/appellant has been sentenced to further undergo rigorous imprisonment for six months and one year, respectively.

(2.) During pendency of the appeal, accused/appellant V. Raghav Rao has died on 26.9.2005 and his legal representatives have filed application under Section 394(2) Cr.P.C for their substitution in place of the deceased/appellant and continuation of the appeal. By order dated 4-4-2011, the legal representatives of the accused/appellant have been ordered to be brought on record and they have been permitted to continue the appeal.

(3.) Case of the prosecution, in brief, is as under: The accused was functioning as Senior Welfare Inspector in South Eastern Railway at DRM's Office, Bilaspur during the year 1991-92. Complainant Hiralal (PW-3) made a complaint (Ex-P/2) to Dy. Superintendent of Police, CBI, Jabalpur on 27.8.92 stating that the accused demanded Rs.1,000/- from him as bribe for preparing and forwarding the papers for his medical test for compassionate appointment. N.K.Dubey, Dy. Superintendent of Police, CBI forwarded the complaint to Inspector Binay Kumar (PW-6) for taking necessary action and arranging trap proceedings. Binay Kumar (PW-6) called for two panch witnesses A.A.Khan (PW-4) and V.K.Shrivastava (PW- 5). A pre-trap demonstration was arranged, wherein solution of sodium carbonate was prepared in a glass. On dip of a water paper in it, colour of the solution did not change. Thereafter, another piece of paper containing phenolphthalein powder was again dipped in the solution of sodium carbonate, colour of which turned pink. Panchnama of pre-trap was prepared vide Ex-P/3. After giving the demonstration, complainant Hiralal (PW-3) was asked to present currency notes of Rs.1,000/-. The complainant submitted currency notes of Rs.1,000/- in the denomination of Rs.50/-. Numbers of the notes were recorded in the pre-trap Panchnama. After submission of the notes, phenolphthalein powder was smeared thereon and the notes were kept in the pocket of complainant Hiralal (PW-3). The complainant and V.K.Shrivastava (PW-5) were informed and guided as to how the trap would be arranged and as to the role which they were required to play in the trap proceedings. After preparing pre-trap Panchnama (Ex- P/3) and arranging pre-trap proceedings, the trap team proceeded to the house of the accused. Complainant Hiralal (PW-3) and V.K.Shrivastava (PW-5) were asked by the trap team to proceed to the house of the accused for giving the bribe and members of the trap team gathered around the house of the accused at different places in order to witness the incident. Complainant Hiralal (PW-3) gave Rs.1,000/- (20 notes in the denomination of Rs.50/-) to the accused. The accused kept the money in the pocket of his Kurta. After receiving the trap signal, members of the trap team rushed the spot immediately and caught hands of the accused. The trap team seized the currency notes from the accused. Numbers of the currency notes seized from the accused were compared with the numbers mentioned in the pre-trap Panchnama (Ex-P/3), which were found similar. Solution of sodium carbonate was prepared and right hand of the accused was washed in that solution, colour of which turned pink. Thereafter, the solution was kept in a bottle and sealed. Another solution of sodium carbonate was prepared, in which, pocket of the Kurta of the accused was dipped, colour of which also turned pink. Thereafter, the solution was kept in another bottle and sealed. Kurta of the accused was seized and currency notes were also seized. Thereafter, another solution of sodium carbonate was prepared, in which hands of the complainant were washed, colour of which turned pink. The solution was kept in another bottle and sealed. Trap- Panchnama was prepared on the spot. Three passport size photographs and bunch of papers were seized from complainant Hiralal (PW-3) vide Ex-P/5. Almirah of the accused was searched and relevant papers were seized and a search list was prepared vide Ex-P/7. Thereafter, First Information Report (Ex-P/27) was registered. The sealed solutions and other seized articles were sent for chemical examination. Report (Ex-P/28) was received from Forensic Science Laboratory (FSL). In the report (Ex-P/28), it is mentioned that test of phenolphthalein was found positive.