CHAITRAM CHAKRADHARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 13.12.1996, passed by the Second Additional Sessions Judge/Special Judge, Bilaspur in Special Case No. 8 of 1987, whereby and whereunder the Learned Special Judge has convicted the accused/Appellant under Sections 161 of the Indian Penal Code and 5(1) (d) read with Section 5(2) of the Prevention of Corruption Act and sentenced him to undergo rigorous imprisonment for one year and fine of Rs.100/- with default stipulation.

(2.) The case of the prosecution, in brief, is that, complainant- Sharda Prasad Pandey (PW4) was a suspended clerk of Krishi Upaj Mandi Samiti, Lormi. He was not getting his sustainance allowance. It is alleged that Appellant was dealing with the file of his sustainance allowance and he demanded bribe of Rs.100/- from the complainant, Sharda Prasad Pandey (complainant) (PW4) presented one application (Exhibit P/3) before the Commissioner, Bilaspur mentioning in it about the demand of bribe by the Appellant. The application was forwarded to Special Police Establishment, Bilaspur. On receiving this application, M.K. Heeradhar (PW10) summoned the witnesses, namely Shri Maheshwar Shukla (PW8) and D.R. Khute (not examined). The contents of Exhibit P/3 were verified in presence of the complainant and he was asked to produce Rs.100/-. On the same day, on production of currency note of Rs.100/-, Phenolphthalein powder was applied on it and the said currency note was kept in the left pocket of shirt of the complainant. Thereafter, a demonstration was given to the trap party showing reaction of Phenolphthalein powder with solution of Sodium Carbonate. The number of currency note of Rs.100/- was recorded and the complainant was instructed about the manner of handing over the bribe to the Appellant. He was instructed that he may give signal after giving bribe. The Phenolphthalein power and solution of Sodium Carbonate which was used in the demonstration were separately packed and sealed. A preliminary panchanama (Exhibit P/2) was recorded.

(3.) On 26.4.1984, a trap party was constituted which proceeded to the spot and arrived at about 5.00 pm. Appellant was found in the office of Krishi Upaj Mandi Samiti, Lormi. Complainant- Sharda Prasad Pandey (PW4) was sent in advance alongwith one Rajkumar Tiwari. Both of them approached the Appellant who was present in the office. They met with him and had some conversation. The complainant enquired about release of his sustainance allowance and Appellant asked for bribe of Rs.100/-, on which complainant took out the currency note of Rs.100/- which was received by the Appellant in his hand and kept in his pocket of his shirt. Thereafter Rajkumar Tiwari who was in company of complainant, came out and gave a signal, on which the trap party came to the spot and Appellant was caught by the members of the trap party. Introduction of the members of the trap party was given to the Appellant. Thereafter, solution of Sodium Carbonate was prepared, in which, hands of the Appellant were washed, on which the colour of the solution changed to pink which was preserved and sealed. Shri Maheshwar Shukla (PW8), trap witness recovered the currency note of Rs.100/- from the pocket of shirt of the Appellant and one note book was also recovered. Both the articles were dipped in the solution of Sodium Carbonate, the colour of solution changed to pink which was preserved and sealed. The shirt of the accused was removed and the pocket portion of the shirt was dipped in to the solution of Sodium Carbonate, the colour of solution changed to pink which was preserved and sealed. Then, the hands of complainant- Sharda Prasad Pandey (PW4) and Shri Maheshwar Shukla (PW8) were also washed in the solution of Sodium Carbonate, the solution turned into to pink which was again preserved and sealed. Vide Exhibit P/9, the recovered currency note of Rs.100/-, one notebook and shirt of the Appellant were seized. The documents relating to suspension and sustainance allowance of the complainant were also seized vide Exhibit P/10. Dehati Nalishi was recorded on the spot vide Exhibit P/17. First Information Report (Exhibit P/18) was later on lodged on 16.5.1984. The solutions which were preserved and sealed and the seized articles were sent for examination to Forensic Science Laboratory. FSL report (Exhibit P/21) confirmed presence of the phenolphthalein powder on the currency note and in the solutions preserved and sealed after washing of the hands of the Appellant, complainant, panch witness and also on the shirt of the Appellant. A formal sanction (Exhibit P/1) for prosecution of the Appellant was obtained from the State Government. Statements of the witnesses were recorded. On completion of the investigation, the Appellant was charge- sheeted.