RISHIKESH GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 29.09.1998 passed by the Special Judge, Raigarh in Special Criminal Case No. 6/96, whereby the learned Special Judge convicted the appellant for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (henceforth 'the Act, 1988') and sentenced him to undergo rigorous imprisonment for six months and to pay fine of Rs. 1000/-, in default of payment of fine, to undergo additional rigorous imprisonment for two months.

(2.) As per the case of the prosecution, complainant Damrudhar Patel was resident of village Barmuda. On the basis of forged signature, his elder brother had mutated his own name alone in the revenue record after death of his father. In this regard, a litigation was pending in the Court of Tahsildar in which the decision had gone against complainant Damrudhar Patel and the appeal of the complainant was pending before the Sub Divisional Officer (Revenue). Therefore, complainant Damrudhar Patel was in need of certified copy of the document B-1. In this connection, from 1-11-1996 to 10-11-1996, the complainant repeatedly requested the appellant, who was the Patwari of Patwari Halka No.15 to provide him certified copy of B-1, but the appellant demanded a sum of Rs. 250/- as bribe from him and stated that until the amount is paid, certified copy of B-1 would not be supplied to him. In this connection, the complainant filed a complaint (Ex.P-1) in the office of Lokayukt, Bilaspur and on the basis of the said complaint (Ex.P.-1), the Special Police Establishment (Lokayukt) instructed the Superintendent of Police, Raigarh to proceed further in the matter. The Superintendent of Police, Raigarh obtained approval from the Collector, Raigarh and thereafter a trap team was constituted.

(3.) The trap team constituted was consisting of Deputy Collector Prahlad Singh Sikarwar (PW-7), Sub Inspector Prakash Soni (PW-5), Independent witnesses Bhagwan Das Lahre (PW-2) and Naresh Sharma (PW-3). The Additional Superintendent of Police, Raigarh handed over five currency notes in the denomination of Rs. 50/- each with signatures of Sub Divisional Magistrate Prahlad Singh Sikarwar (PW-7) and S.D.O.(P) B.S. Dhruv (PW-9) to the complainant and instructed him that after handing over the amount to the appellant, the complainant shall give a signal by removing his shawl, then the trap team would reach the spot. A panchanama (Ex.P-2) was prepared in which signatures of witnesses Bhagwandas Lahre (PW-2) and Maheshchandra Yadav were obtained. Thereafter, the trap team proceeded to village Jurda and the Jeep in which they travelled was parked near the house of the appellant. Complainant Damrudhar Patel (PW-1) went to the house of the appellant and handed over to him the five currency notes of Rs. 50/- each. After some time, complainant Damrudhar Patel (PW-1) came out of the house of the appellant and gave a signal to the members of the trap team. Immediately thereafter, the members of the trap team entered the house of the appellant and S.D.O.(P) B.S. Dhruv (PW-9) introduced themselves and demanded the amount of bribe from the appellant. The appellant refused that he took any amount from the appellant, but, on assertion of the trap team, he brought out the amount from a full pant hanging on a hook affixed on the wall. The currency notes were seized vide Ex.P-3. Copy of application (Ex.P-12) and copy of form B-1 (Ex.P- 13) were seized by S.D.O(P) B.S. Dhruv (PW-9).