PRADEEP KUMAR DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374 (2) of the Cr.P.C are directed against the judgment of conviction and order of sentence dtd. 01/03/2017 passed by the learned Special Judge (Prevention of Corruption Act), Uttar Bastar, Kanker (C.G.) in Special Corruption Case No. 07/2014, whereby the learned Special Judge has convicted and sentenced the appellant as under:-

(2.) Case of the prosecution, in brief, is that a complaint was made by one Rajesh Kumar Teta (since deceased) to the Deputy Superintendent of Police Anti Corruption Bureau, Jagdalpur alleging therein that the Appellant, who at that point, was Sub-Divisional Officer of Rural Engineering Services, Sub Division, Bhanupratappur had demanded illegal gratification Rs.6,000.00 for clearance of payment of Rs.80000.00 which was paid on 30/12/2010 and further payment of Rs.1 ,30,000.00 which was paid on 14/2/2011 as part payment for executing work of construction of additional two rooms at Primary School, Pandarpuri under the scheme of Rajiv Gandhi Shiksha Mission. The total sanctioned amount was Rs.4,62,000.00 out of which part payment of Rs.80000.00 and 1,30,000/- were made to the complainant. The allegation was that the Appellant had demanded the illegal gratification through mobile phone no 9424219812 between the period of 17/2/2011 to 19/2/2011 and in this respect on 20/2/2011 he had made written complaint on 20/2/2011: Ex.P/26 to the Deputy Superintendent of Police of Anti Corruption Bureau at Antagarh. As per the Prosecution, the digital voice recorder was given to the complainant Antagarh at itself for recording the conversation with the present Appellant after preparing the preliminary panchnama (Ex-P/14).

(3.) The Prosecution has further stated that on 21/2/2011 when the complainant met the present Appellant he had repeated his demand of Rs.6,000.00 and since the complainant was unwilling to fulfill this illegal demand. He further made written complaint on 23/2/2011 before the Deputy Superintendent of Police and on this complaint the offence under Sec. 7 of PC Act 1988 was registered as crime no. 0/2011. On the basis of the stated complaint investigation proceeded which laid to trap on 24/2/2011 and Rs.6,000.00 tainted currency notes were recovered in the process thereof from the wallet which was in the possession of the Appellant. On completion of investigation, charge sheet was filed against the Appellant, where-after the charges under Sec. 7 & 13 (1) (d) read with 13 (2) of the Act 1988 were framed against him to which he pleaded "not guilty".