PAWAN KUMAR CHANDRAKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 15-01-1999 passed by Special Judge, Raipur in Special Criminal Case No. 119/91 whereby and whereunder the learned Special Judge after holding the appellant guilty for taking illegal gratification other than legal remuneration in respect of official act being a public servant and thereby committing criminal misconduct convicted him under Section 161 of the Indian Penal Code (in short 'the IPC') and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (in short 'the Act, 1947') and sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs. 1,000/-, in default of payment of fine, to undergo simple imprisonment for three months; and to undergo rigorous imprisonment for one year and to pay fine of Rs.1,000/-, in default of payment of fine, to undergo simple imprisonment for three months, respectively, with a direction to run both the substantive jail sentences concurrently.

(2.) Conviction is impugned on the ground that without there being any iota of evidence the Court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of the prosecution, on 27-11-1987, complainant Balakram (PW-4) approached Superintendent of Police, Special Police Establishment, Lokayukt, Raipur and gave a written complaint (Ex.-P/5) stating that he is resident of Gouriya, P.S. Basna. The settlement department conducted the land settlement in his village. All the agriculturists received by the Settlement Inspector Chandrakar. His land is situated at Village Matidarha, P.S. Basna. For providing (lease), Inspector Chandrakar demanded Rs.600/- as bribe and asked him to come along with Rs.600/- on 27-11-1987. As the complainant did not want to give bribe and wanted to catch hold him, he reached to the authority along with Rs.600/- and prayed that legal action may be taken. As he was not educated person and does anyhow signature of himself, hence he managed to write complaint from other people and submitted it before the concerned authority. The concerned Superintendent directed Inspector, Police, Jeevan Malekar (PW-14) for doing needful. Thereafter, he called the panch witnesses M.L.Matiyara (PW-6) and P.M.Lal (PW-8) through District Magistrate. When the panch witnesses appeared in the Lokayukt office, the Investigating Officer submitted the complaint (Ex.-P/5) and also introduced the complainant to those panch witnesses. Both the witnesses inquired from the complainant and when the complainant corroborated the contents of the application, both the panch witnesses duly signed on Ex.-P/5. Thereafter, the Investigating Officer formed the trap party. The complainant submitted those currency notes of Rs.100/-. Head Constable Koshalesh Singh applied phenolphthalein powder over the said notes. Thereafter, his hands were washed in a sodium carbonate solution, then the solution turned pink which was sealed in a bottle. He treated the hands of the members of the trap party in a fresh sodium carbonate solution.the solution did not change colour, the said solution was thrown out as being unnecessary. Thereafter, the said phenolphthalein coated currency notes were kept in the pocket of complainant Balakram (PW-4). No other articles left with the complainant and he was advised to give those currency notes upon demand from the accused. Thereafter, to give signal to trap party initial panchnama was prepared vide Ex.-P/7 in which signature of the complainant and the panch witnesses were taken on each of the pages. On 3.00 p.m. they proceeded towards Pithora. Before this, he obtained signature of the complainant and the panch witnesses in the sealed bottle prepared during exhibition. At about 5.00 p.m., they reached to Pithora and they asked the complainant to go ahead. The trap members and the panch witnesses were standing 10 to 20 meters away from the complainant. The appellant was playing carom near the settlement office. The complainant reached near the appellant, he talked to him and thereafter both went side of the wall and after about 5 minutes both reached to the spot. Thereafter, the complainant gave prefixed signal, then immediately the Investigating Officer and other members of the trap party reached near the appellant. They gave their identity to the appellant and also asked for the notes given as bribe. The appellant informed that the currency notes are in his left pocket of full pant. Then sodium carbonate solution was prepared and hands of M.L.Matiyara (PW-6) were treated but the solution remained colourless, then the solution was sealed. Thereafter, panch witness M.L.Matiyara (PW-6) searched the appellant in the left pocket of his full pant, he took out 6 notes of 100-100 rupees. One more 100 rupees note and a 10 rupees note in addition to the bribe money were recovered from the packet of the appellant. The recovered 600 rupees' numbers tallied with the_ numbers of notes mentioned in the initial panchnama which were found the same. Thereafter, those notes were treated in solution of sodium carbonate, the solution turned pink, the same solution was also duly sealed. In addition to these currency notes other 100 and 10 rupees notes were also treated in the sodium carbonate solution, the solution again turned pink, that solution was also sealed. Thereafter, when the full pant of the appellant was treated with sodium carbonate solution, the solution turned pink, the same was also duly sealed. Fingers of the appellants were dipped into sodium carbonate solution, the solution again turned pink, the same was also sealed duly. Thereafter, the complainant's hands were also dipped into sodium carbonate solution, then the solution again turned pink, the same was also sealed separately. Seizure panchnama was prepared for the seized notes and trap panchnama Ex.-P/8 was prepared at the spot. The seizure memo of the currency notes is Ex.-P/9 which was duly signed by the panch witnesses and the appellant. Additionally seized 100 and 10 rupees were seized through seizure memo Ex.-P/10. The full pant was seized vide seizure memo Ex.-P/11. Boric powder kept in the carom room was also seized through Ex.-P/2. Thereafter, the posting order of the appellant was seized through seizure memo Ex.-P/12. The application given by the complainant for settlement was also seized along with concerned register vide Ex.-P/12A. Mutation file was seized through Ex.-P/13A. The Investigating Officer lodged an unnumbered FIR (dehati nalishi) at the spot vide Ex.-P/14. He also recorded the statements of the witnesses as per their submission. of the complainant No.1 and No.2 were also seized from the complainant vide seizure memo Ex.-P/15. The First Information Report which was registered from the Special Police Establishment, Bhopal is Ex.-P/16. During the investigation, the Investigating Officer received the chemical analyst report Ex.-P/17 from Forensic Science Laboratory, Sagar. Seized material and solutions were marked as article 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10. After necessary sanction for the prosecution, the charge sheet was duly submitted for cognizance and trial before the Court of Special Judge competent to try the case under Section 5 of the Act, 1947 who conducted the trial. The appellant was charged under Section 161 of the IPC and under Section 5(1)(d)/5(2) of the Act, 1947. The accused/appellant denied the charges leveled against him and prayed for trial.