RIKHI RAM PARASTE Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in the present appeal is to the legality and validity of the judgment of conviction and order of sentence dtd. 19/9/2005 passed by the Special Judge and First Additional Sessions Judge, Raipur in Special Criminal Case No. 10/2002 whereby the accused/appellant has been convicted and sentenced as under: Conviction Sentence Under Sec. 7 of Prevention of Corruption Act, 1988. RI for one year, pay a fine of Rs.500.00 and in default thereof to suffer additional RI for one month. Under Sec. 13(1)(d) read with Sec. 13(2) of Prevention of Corruption Act, 1988. RI for two years, pay a fine of Rs.1000.00 and in default thereof to suffer additional RI for two months. Both the sentences were directed to run concurrently.

(2.) Case of the prosecution, in brief, is that complainant Dr. Shankar Pushpkar opened a clinic at Nehru Nagar, Raipur and for the purpose of getting telephone connection in his clinic, on 12/4/2001 he deposited the requisite fee of Rs.2000.00 with the Telephone Department but no such connection was provided to him. Hence the complainant sent his assistant Purushottam Manikpuri to Telephone Exchange, Tikrapara for enquiring about the matter where he met the accused/appellant who was working as Sub Divisional Officer (Telephone) and he demanded Rs.400.00 for providing telephone connection. On 1/5/2001 when the complainant went to the office of the accused, he again demanded Rs.400.00 for telephone connection. Since the complainant did not want to give bribe to the accused and wanted to get him caught red handed, on 2/5/2001 he wrote a complaint regarding demand of bribe by the accused to Superintendent of Police, Special Police Establishment, Raipur who authorized Shri NS Rajput, Dy.SP, Special Police Establishment to enquire into the matter. For verification of the complaint, the complainant was given a micro tape recorder with empty cassette for recording the conversation regarding demand of bribe by the accused. On 3/5/2001 the complainant again submitted an application to the SP, Special Police Establishment along with tape recording of conversation with the accused regarding demand of bribe.

(3.) Dy. Superintendent of Police Shri NS Rajput called the panch witnesses namely Shri Avinash Sharma and Dr. Vimal Kumar Kanungo, Assistant Professors of Govt. Science College, Raipur, to Lokayukt Office, Raipur on 3/5/2001, they were introduced to the complainant who had come with bribe amount of Rs.300.00 and also informed about the demand of bribe by the accused. After recording numbers of three currency notes of 100 denomination produced by the complainant in the Preliminary Panchanama (Ex.P/8) and applying phenolphthalein powder on the said notes, it were kept in the left pocket of complainant's shirt with an instruction to give this amount on being demanded by the accused in his hand only and before and after giving this amount to him and, he should not shake hand with him and that thereafter he is to give signal to the trap party by scratching his head. The complainant and the witnesses were made aware of the trap proceedings.