SUNHAR SINGH DHRUV Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and order dated 15.10.1999 passed by Special Judge/Additional Sessions Judge Bilaspur in Special Case No. 02/1997 convicting the accused/appellant under Sections 7 and 13 (1)(d) read with 13(2) of the Prevention of Corruption Act (for short the "Act") and sentencing him to undergo rigorous imprisonment for six months with fine of Rs. 500 u/s 7 and rigorous imprisonment for one year with fine of Rs. 1,000 u/s 13(1)(D) read with 13(2) of the Act, plus default stipulations. Case of the prosecution in brief is that at the relevant time the accused/appellant was working as Assistant Sub Inspector in the police department and posted at police station Lormi District Bilaspur. On 2.9.1996 an application Ex. P-1 was made by complainant Babu Ram Sahu (PW-1) before S.P. (Lokayukta), Bilaspur stating that he had loaned Rs. 30,000 to one Bholaram Sahu for purchasing of some land and when he asked him to return the said amount, instead of doing so he implicated him in a false case of theft of buffalos for which a report was lodged against him by said Bholaram Sahu in police, station Lormi. On account of lodgment of the said report, present appellant was demanding Rs. 4000 for giving him a clean chit. It is further stated in the said application that the complainant was threatened by the accused/appellant that if the money was not given to him, he would be put behind the bars but as he was not interested in giving the bribe to the accused/appellant and wanted an action against him, the written report has been made against him. On 3.9.1996 preliminary Panchnama Ex. P-2 was prepared, two independent witnesses namely M.L. Kusre (PW-8) and Dr. Anup Chaterjee (PW-7) were called, written report Ex. P-1 was shown to them, trap party was constituted and preparation to complete the formalities was made. Test was demonstrated by applying phenolphthalein powder on 40 currency notes of 100 denomination and then the trap party went to the house of the accused/appellant in the afternoon. Complainant Babu Ram Sahu (PW-1) entered the house of the accused/appellant, gave him Rs. 4000 and after coming out he gave a signal to the trap party. In the meanwhile, accused/appellant came to the police station which was adjacent to his house. Thereafter, trap party also went to the police station and 40 currency notes of 100 denomination were seized from the pocket of his shirt vide Ex. P-32, phenolphthalein test was conducted which proved positive. Further investigation was taken up by Dy. S.P. namely Shyam Das (PW-15), witnesses were examined and after obtaining sanction charge sheet was filed on 02.09.1997 for the offences under Sections 7, 13(1) (D), 13(2) of the Act.

(2.) In support of its case, the prosecution has examined as many as 15 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the allegations made against him and pleaded his innocence and false implication in the case. This apart, Bihari Lal (DW-1) and Ram Dau Dadsena (DW-2) have also been examined by the defence in support of its case. Accused/appellant has taken a defence that there was some dispute between Bholaram (PW-12) and complainant (PW-1) and while trying to resolve the same he had asked the complainant to pay Rs. 28000 to Bholaram, but he never demanded the amount of Rs. 4000 as has been alleged by the prosecution.

(3.) After hearing the parties, the Court below convicted and sentenced the accused/appellant as mentioned in paragraph No. 1 of this judgment.