DIWAKAR PRASAD GAUTAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 8.12.2006 passed by the Special Judge (CBI), Raipur (Chhattisgarh) in Special Criminal Case No.4 of 2004, whereby the Appellant has been convicted under Section 7 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, but he has been sentenced only under Section 7 of the Act as under:

(2.) Facts of the case, in short, are that at the relevant time, the Appellant was posted as a Senior Overman/Loading Inspector in South Eastern Coalfields Limited (SECL) at Geora. Complainant Brijesh Singh (PW2) was engaged in the business of coal lifting. According to the delivery order (Ex.P5) dated 8.5.2001, Firm Piyush Textiles, Ahmedabad was to lift 275 metric tonnes of coal of grade E-Stime from SECL within 45 days. Piyush Textiles, Ahmedabad authorised Complainant Brijesh Singh (PW2) for lifting of that coal vide Ex.P15. On 12.5.2001, Complainant Brijesh Singh submitted documents relating to lifting of the coal in the office of C.G.M., Geora. As directed, on 13.5.2001, Complainant Brijesh Singh met with the Appellant. Allegedly, the Appellant demanded bribe @ Rs.13 per metric ton, total amounting to Rs.3575 for lifting of total 275 metric tonnes coal. The Complainant again met with the Appellant at his quarter on 14.5.2001. At that time also, the Appellant demanded bribe at the old rate. Since the Complainant did not want to give bribe, he met with officials of the Central Bureau Investigation (CBI) at Hotel Central Point, Bilaspur on 15.5.2001 and submitted his written complaint (Ex.P16). Panch witnesses L.K. Trivedi (PW4) and Anjlus Xalxo (PW6) were called. They verified the complaint from the Complainant. A demonstration of trap proceedings was given to the Complainant and the panch witnesses. The Complainant had brought currency notes of total Rs.3575. Their numbers were noted and they were smeared with phenolphthelin powder. A memorandum (Ex.P17) of pre-trap proceeding was prepared. Thereafter, the trap party proceeded towards Geora. There, the Complainant and the panch witnesses went to the house of the Appellant. The Complainant gave bribe money to the Appellant at his house. On getting signal, the trap party reached to the Appellant and caught him red handed. His hands were washed into a solution of sodium carbonate on which colour of the solution turned into pink. A piece of paper (Ex.P24) on which the Appellant had written account of the bribe money was recovered and seized. Recovery memorandum (Ex.P18) was prepared. After return, First Information Report (Ex.P25) was registered. On completion of the investigation, a charge-sheet was filed. Charges were framed against the Appellant.

(3.) To bring home the offence, the prosecution examined as many as 9 witnesses. Statement of the Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the guilt, pleaded innocence and false implication. It was the defence of the Appellant that the Complainant was of criminal mind. He had threatened the Appellant that he will get the whole coal lifted in two days only instead of 45 days. The Appellant had prevented the Complainant and, therefore, the Complainant had threatened the Appellant of false implication. The Appellant has taken a further defence that neither he demanded bribe nor did he accept any money as illegal gratification. In his defence, the Appellant has examined two witnesses, namely, Kashi Prasad (DW1) who was a Loading Clerk of Geora Project and Avinash Shukla (DW2), who was a Senior Overman of Geora Project.