BARATURAM VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 19.7.2002 passed by Special Judge, Bilaspur, in Special Case No. 1/2000 convicting the accused/Appellant for the offence punishable under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act and sentencing him to undergo rigorous imprisonment for six months under Section 7 and rigorous imprisonment for one year and pay fine of Rs. 5000 under Section 13(1)(d)/ 13(2) of the Prevention of Corruption Act, plus default stipulations.

(2.) Case of the prosecution in brief is that on 11.11.1998 the accused/ Appellant was working as Chief Executive Officer, Janpad Panchayat, Pamgarh, District Bilaspur and the complainant namely Vishwanath Gadhewal (PW-4) was holding the post of Panch in Gram Panchayat, Silli whereas his wife Revati Bai (PW-12) was the Sarpanch of the said Gram Panchayat. It is alleged that the complainant made a written complaint (Ex. P-2) on 7.11.1998 to S.P. Lokayukta that the accused/Appellant was demanding Rs. 3000 for sanctioning the amount of Gram Panchayat. After receipt of the said complaint, tape recorder and cassette were given to the complainant to record the conversation regarding the demand of bribe by the accused/Appellant. It is further case of the prosecution that on 8.11.1998 complainant came to the house of the accused/Appellant and when demand was made, he recorded the conversation and thereafter he went back to the office of Lokayukta on 10.11.2008, made a fresh written report Ex. P-5 and after receiving the said report along with the cassette, police registered FIR (un-numbered) Ex. P-6 against the accused/Appellant. On 11.11.1998 trap party headed by B.K. Pavaiya (PW-10) Inspector (Lokayukta) was constituted, two independent witnesses namely J.R. Bhagat and B.S. Verma, both Tehsildar were called, transcription of conversation Ex. P-4 recorded in the cassette was made, test was demonstrated by applying phenolphthalein powder on 30 currency notes of 100 denomination which were given by the complainant and then the trap party went to the office of the Appellant at around 11 a.m., complainant entered the office of the accused/Appellant and gave the bribe amount of Rs. 3000 to him, conversation was recorded by the tape recorder and transcription of the same is Ex. P-9. After receiving the signal from the complainant the trap party entered the office of the accused/Appellant and seized the bribe amount of Rs. 3000. Thereafter, trap panchnama Ex. P-ll was prepared, phenolphthalein test was conducted which proved positive vide FSL report Ex. P-l and on 13.11.1998 FIR Ex. P-17 was registered against the accused/Appellant. After obtaining sanction Ex. P-30, the challan was filed on 29.3.2000 for the offences under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act.

(3.) So as to hold the accused/Appellant guilty, prosecution has examined 12 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 charge levelled against him and pleaded his innocence and false implication in the case. This apart, one Ashwani Kumar Sidar (DW-1) has also been examined by the defence in support of its case. In his statement recorded under Section 313 of the Code of Criminal Procedure, the accused/Appellant has taken the defence that he accepted the amount of Rs. 3000 from the complainant as advance for purchasing pipes to complete the construction work of the road from Silli to Jogikapa. According to him, the assembly elections were approaching but the construction work of the road could not be completed on account of non availability of pipes at Bilaspur and Janjgir. He has stated that the Sarpanch had requested him to arrange the pipes from Raipur or somewhere else. Sarpanch is also said to have promised him to pay Rs. 3000 as advance either personally or through her husband.