TAMRADHWAJ VERMA Vs. STATE OF M.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 10.09.1998 passed by the Special Judge, Rajnandgaon, in Special Case No. 2/1992, convicting the appellant under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the P.C.Act) and sentencing him to undergo rigorous imprisonment for one year and to pay fine of Rs.1000/-, in default of payment of fine to further undergo RI for three months respectively on each count with further direction to run the sentences concurrently.

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

(3.) As per case of the prosecution, the appellant is a Government servant and posted as Patwari of Patwari Halka No.5 at village Khujri. The accused / appellant demanded illegal gratification of Rs.80/- from the complainant Psreetram (P.W.3) for supplying a copy of Khasra and map of the agricultural land bearing Kh.No.332, which was required to be demarcated by the complainant - Preetram, and therefore, a report was lodged by him in Lokyaukt Office, Raipur on 29.06.1987. On the same day, the entire trap party was set on foot to nab the appellant red handed. The accused/appellant was caught red handed while receiving illegal gratification in form of bribe. After compliance of all formalities, challan under Section 7 & 13 (1) (d) read with Section 13(2) of the P.C. Act was filed against the accused/appellant before the Special Judge under P.C. Act.