JOHAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction and order of sentence dated 14.09.1999 passed by the Special Judge, Special Court, Raipur (constituted under Prevention of Corruption Act, 1947), in Special Case No.83/91, whereby the trial Court has convicted the appellant under Section 161 of the Indian Penal Code (for short, 'the IPC) and under Sections 5(1 )(d) read with 5(2) of the Prevention of Corruption Act, 1947 (for short 'the Act') and sentenced him to undergo R.I. for one year and fine of Rs.1,000/ -, in default, additional S.I. for three months and R.I. for one year and fine of Rs.1,000/ -, in default, additional S.I. for three months.

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

(3.) AS per case of prosecution, the appellant was posted as forester in village Murvand, P.S. Keskal, District -Kondagaon. Complainant -Ramsai (PW -1) was called by the appellant for returning his carpenter registration license, which was seized by the forest department in relating to forest offence against the complainant. Appellant has demanded Rs.3007 -, instead, complainant approached Lokayukta and submitted a complaint (Ex.P -1). Madan Gopal Pandey, S.P. Lokayukta deputed DSP, M.C. Sharma (PW -8) to arrange a trap for the appellant. Ramdayal Bele (PW -6) and S.P. Poya were deputed by the Collector, Raipur for his assistance. Shadow witnesses Kosal Singh and Pothiram also came with the complainant. Three currency notes denomination of Rs.1007 - were taken from the complainant and treated with phenolphthalein powder and handed over to the complainant with necessary directions. Preliminary memorandum (Ex.P -2) was prepared at 1.30 p.m. DSP, M.C. Sharma (PW -8) along with other members of the trap party including Madan Gopal Pandey, S.P. proceeded to village Murvand near the house of the appellant and scatter there taking their positions. Complainant gave currency notes of Rs.3007 - to the appellant who kept the same in his table. On appointed sign being given by the complainant Ramsai (PW -1), M.C. Sharma (PW -8) rushed and caught both the hands by wrist of the appellant. His hands were dipped in the solution of Sodium Bi -Carbonate, the solution turned pink. Currency notes of Rs.300/ - were recovered from the possession of the appellant. Memo (Ex.P -4) was prepared on spot. Seizure memo of currency notes and table were prepared separately. Spot map (Ex.P -3) was drawn. Appellant was arrested on the spot. M.C. Sharma (PW -8) prepared a Dehati Nalishi (Ex.P -9) and on the basis of which FIR (Ex.P -10) was registered by him. Packets containing phenolphthalein and solutions turned pink were sent to FSL. After obtaining necessary sanction from Law and Legislative Department vide Ex.P -8, charge sheet was filed against the appellant.