SHANKER LAL SONI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 29-06-1996 delivered by Shri M.Y. Khan, Special Judge, Bilaspur in Special Criminal Case No. 02/1995 whereby the Appellant was convicted under Section 7 & Section 13(1)(D) read with Section 13(2) of the Prevention of Corruption Act (hereinafter referred. to as the "Act") and was sentenced to undergo rigorous imprisonment for 1 year and fine of Rs. 400/- and in default to undergo simple imprisonment for 3 months.

(2.) BRIEFLY stated the prosecution story is that at the relevant time the Appellant was posted as Assistant Food Officer, Korba. Bajrang lal was running a Fair Price Shop in S.E.C.L., Mudapar, Korba. There were some complaints relating to improper distribution of foodgrains. The Appellant had served the notice on Bajrang lal Soni in the year 1991. On 25-01 -1992, Bajrang lal Soni went to the house of the Appellant where the Appellant demanded Rs. 1,000/- from Bajrang lal Soni and on failure to do so, threatened him to forfeit the shop. Bajrang lal Soni expressed his inability to pay the amount. Finally, a sum of Rs. 500/- was settled which Bajrang lal Soni promised to pay within 3-4 days. Bajrang lal Soni replied to the notice on 31-01-1992. He gave the distribution register of Fair Price Shop to the Appellant who repeated demand of Rs. 500/-. Upon this Bajrang lal Soni made a complaint to Deputy Superintendent of Police (Vigilance), Bilaspur vide Ex.P-7. A trap party headed by Deputy Superintendent of Police Shri S.K. Verma and comprising of Inspector M.K. Tiwari, PW-10. R.B. Mishra, A.D.I.S. PW-4 and R.C.Shrivastava, Assistant Statistical Officer, PW-6 was constituted. Bajrang lal Soni supplied the 5 currency notes of Rs. 100/- each to Inspector M.K.Tiwari. After complying with the necessary formalities regarding application of Phenolphthalein Powder to the currency notes, preparation of sodium carbonate solution etc., a trap party comprising of Inspector M.K. Tiwari. Deputy Superintendent of Police S.K. Verma, R.D. Diwan, Inspector R.J. Toppo, Head Constable Ram Bahadur and Constable A. Ekka proceeded to the government house of the Appellant. Before doing so, it was ensured by Inspector M.K. Tiwari PW-10 after taking search of Bajrang lal Soni that no other article was in his possession except Phenolphthalein Powder applied currency notes. Bajrang lal Soni went to the house of the Appellant. He returned soon and informed that the Appellant had asked him to come after half an hour. Thereafter, Bajrang lal Soni was again sent to the house of the Appellant while D.S.P. S.K. Verma and witness R.C. Shrivastava PW-6 stood near the boundary wall and watched. Bajrang lal Soni went to the house of the Appellant and stood outside the outer gate in the courtyard. After sometime, the Appellant emerged from his quarter and said "Soni, I will do your work". After some time, Bajrang lal Soni after giving the bribe gave a signal by coughing whereupon Inspector M.K. Tiwari PW-10 went with Inspector Shri R.J. Toppo and saw that the Appellant was wearing lungi and shirt and was holding the currency notes in his left hand. On being asked, the Appellant threw the notes on the lawn. Both hands of the Appellant were washed in the Sodium Carbonate solution whereupon the solution turned pink. The Currency notes lying in the lawn were seized. The register of the Fair Price Shop was seized vide ExP-21. Notice dated 13 -01 -1992 sent by the Appellant vide Ex.P-12 was also seized. After obtaining sanction vide Ex.P-13 for prosecuting the Appellant, prosecution was launched against the Appellant.

(3.) SHRI Prafull Bharat, learned Counsel for the Appellant contended that antecedents of the Appellant showed that he had a criminal background since -many cases were pending against him in Criminal Courts. It was also urged that there was no independent witness to corroborate the testimony of Bajrang lal Soni that the Appellant had demanded a sum of Rs. 500/- as illegal gratification. The evidence led by the defence clearly showed that the licence of the fair price shop of Bajrang lal Soni had already been suspended by the Appellant on 31 -01 -1992 which negatived the testimony of Bajrang lal Soni that on 01 -02-1992 the Appellant accepted bribe of Rs. 500/- from him. It was argued that the evidence led by the defence and the facts and circumstances emerging from the prosecution evidence rebutted the presumption arising against the Appellant under Section 20(1) of the Prevention of Corruption Act. On these premises, it was urged that conviction of the Appellant under Section 7 & Section 13(1)(D) read with Section 13(2) of the Prevention of Corruption Act was liable to be set aside. On the other hand, SHRI Ashish Shukla, learned Govt. Advocate argued in support of the impugned judgment.