SUNDER SINGH RATHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and order dated 31.3.1998 passed by Special Judge, Raipur in Special Case No. 44/1991 convicting the accused/appellant under Sections 161 IPC & 5(l)(d)/5(2) of Prevention of Corruption Act (for short the "Act") and sentencing him to undergo rigorous imprisonment for one year and fine of Rs. 1,000, in default of payment of fine to further undergo SI for three months on each count.

(2.) Facts of the case in brief are that at the-, relevant time accused/appellant was working as Patwari of Patwari Halka No.3, Revenue Circle Gourela, Tahsil Pendra Road, Distt. Bilaspur. On 27.10.1987, a written complaint (Ex.P3) was made by complainant Madan Singh Rathor (PVV6) to the Vigilance Cell, Commissioner Office, Bilaspur alleging that accused/appellant was demanding Rs.300 from him for providing copy of revenue records with regard to share of his uncle Paremu @ Parem Singh Rathor. It is alleged by the complainant that as he did not want to give the said bribe amount to the accused/ appellant and wanted an action against him, a complaint was made by him. After getting the aforesaid report, preliminary panchnama (Ex.P4) was prepared on 27.10.1987 itself in presence of independent witnesses Sharad Tiwari (PW4) and D.S. Markam not examined Trap party headed by S.K. Verma DSP was constituted test was demonstrated by applying phenolphthalein powder on the 3 currency notes of 100 denomination said currency notes were given to the complainant and after instructions being given to him. The trap party went to the house of accused appellant. As the accused appellant was not at his residence on 27.10.1987 the trap party returned to PWD rest house at Pendra Road stayed there in the night and next day. On 18.10.1987 again it went to the house of accused appellant. It is alleged that at about 11 a.m. accused appellant came to his house and was sitting with 2 other persons namely Gangaram Patwari (PW5) and Ugra Kumar Singh (DW2) and at that time complainant went to the house of accused appellant and immediately after 15 minutes he came out of the house of accused appellant gave a signal to the trap party as a result of which the trap party raided the house of accused appellant and during search of the accused appellants the trap party could not find anything and then they made enquiry from the complainant and in turn it was informed by the complainant that the accused appellant had kept the money under the blanket, the said amount was collected vide Ex. P5, thereafter the trap panchnama (Ex P 8) was prepared. Phenolphthalein test was conducted which proved positive by FSL report (Ex P20) FIR (Ex,P 21) was registered on 9.11.1987 and after obtaining sanction (Ex P 1) challan was filed on 27.8.1990 under Section 161 IPC and 5(1)(d) 5(2) of Prevention of Corruption Act Dehatinalishi Ex P 17 was recorded.

(3.) In support of his case prosecution has examined as many as 10 witnesses. Statement of accused appellant was also recorded under Section 313 of the CrPC in which he contend the allegations levelled against him and pleaded his innocence and false implication in the case. Defence of the accused appellant is that he has been falsely implicated and on the date of incident no amount whatsoever was received by him from the complainant in support of his case the accused/appellant has examined one Ugra Kumar Singh (DW1).