RAJJAK MIYAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 24.8.2004 passed by 1st Additional Sessions Judge/Special Judge under the Prevention of Corruption Act, 1988 (henceforth 'the Act, 1988'), Durg in Special Case No. 4/2002. By the impugned judgment, accused/appellant Rajjak Miyan has been convicted and sentenced in the following manner with a direction to run the sentences concurrently: <IMG>JUDGEMENT_448_CRIMES2_2013.JPG</IMG>

(2.) CASE of the prosecution, in brief, is as under : Accused/appellant Rajjak Miyan was a Patwari of Village Aheri, Patwari Halka No. 26, District Durg. Complainant Fattulal (PW3) was resident of Village Birebhat. He made written complaint (Ex. P5) In Lokayukta Office, Raipur. In Ex. P5, it is mentioned that sister of complainant Fattulal (PW3) had died. Complainant Fattulal (PW3) met with the appellant for mutation of his name in revenue record in place of name of his sister. The appellant demanded Rs.700 from complainant Fattulal (PW3) therefor, Complainant Fattulal (PW3) gave him Rs.300. Even thereafter, the appellant did not mutate the name of complainant Fattulal (PW3) in the revenue record and he also did not return his Rin-Pustika. Therefore, complainant Fattulal (PW-3) made written complaint (Ex. P5) in Lokayukta Office, Raipur. On the basis of the written complaint (Ex. P5), First Information Report (Ex. P18) was recorded in Special Police Establishment, Lokayukta Office, Raipur. Superintendent of Police, Lokayukta Office, Raipur forwarded the complaint (Ex. P5) to inspector Jitendra Singh Jangi (PW7) for taking necessary action. Jitendra Singh Jangi (PW7) called two panch witnesses Mine Inspector Rajesh Malve (PW4) and Food Inspector Anand Chandra Mishra (PW6). They were introduced with complainant Fattulal (PW3). They inquired about the complaint (Ex. P5) from complainant Fattulal (PW3). Thereafter, a pre- trap demonstration was arranged, wherein a solution of sodium carbonate was prepared in a glass. On dipping of a piece of plain paper in the solution, colour of the solution did not change. Thereafter, another piece of paper smeared with phenolphthalein powder was dipped in the said solution, colour of the solution turned pink. Complainant Fattulal (PW3) was asked to present currency notes of Rs.400. Complainant Fattulal (PW3) submitted 4 currency notes in the denomination of Rs.100 each. Numbers of the currency notes were recorded in pre-trap panchnama (Ex.P6). After submission of the currency notes, phenolphthalein powder was smeared thereon and the notes were kept in pocket of complainant Fattulal (PW3). Complainant Fattulal (PW3) was instructed and guided as to how the trap would be arranged and as to the role which they will play in the trap proceeding. Tram-team proceeded for Village Aheri. Complainant Fattulal (PW3) and Dilip Narange (PW5) were sent to the office of the appellant and other members of the trap-team surrounded the office of the appellant. Complainant Fattulal (PW3) gave the currency notes of Rs.400 (each in the denomination of Rs.100) to the appellant. After sometime, complainant Fattulal (PW3) came out of the office of the appellant and transmitted the signal as already instructed to him. Jitendra Singh Jangi (PW7), Rajesh Malve (PW4), Anand Chandra Mishra (PW6) and Inspector Rakesh Bhatt entered the office of the appellant and caught both hands of the appellant. The trap-team seized the currency notes from the drawer of the table of the appellant. Numbers of the currency notes seized from the drawer of the table of the appellant were compared with the numbers mentioned in pretrap panchnama (Ex. P6). A solution of sodium carbonate was prepared and fingers of both the hands of the appellant were dipped therein, colour of the solution turned pink. Thereafter, the solution was kept in a bottle and sealed. Another solution of sodium carbonate was prepared in which seized currency notes were dipped, colour of the solution turned pink. The solution was kept in another bottle and sealed. Another solution of sodium carbonate was prepared in which fingers of complainant Fattulal (PW3) were dipped, colour of the solution turned pink. The solution was kept in another bottle and sealed. Rin-Pustika was seized vide Ex. P7 and currency notes of Rs. 400 were seized vide Ex. P13. The bottles containing the solutions were also seized vide Ex. P4. Site-map was prepared vide Ex. P10. Consent Deed (Ex. P16) was also seized. Regular First Information Report (Ex. P22) was recorded in the Special Police Establishment, Lokayukta Office, Raipur. The seized articles were sent to Forensic Science Laboratory, Sagar vide Ex. P1. Report (Ex. P2) was received there from. Test of phenolphthalein was found positive. After completion of the investigation, sanction for prosecution was obtained against the accused/appellant vide Ex.P23 and charge-sheet was filed against him in the Court of 1st Additional Sessions Judge/Special Judge under the Act, 1988, Durg. The learned Special Judge framed charges against the accused/appellant under Sections 7 and 13(1)(d) read with Section 13(2) of the Act, 1988. After appreciation of the evidence available on record, learned Special Judge convicted and sentenced the accused/ appellant as mentioned above.

(3.) ON the contrary, Shri R.R. Sinha and Shri Arun Singh, learned Panel Lawyers for the State/ respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded to the appellant do not warrant any interference by this Court.