RAMVIJAY SHARMA Vs. STATE OF CHHATTISGARH THROUGH STATION HOUSE OFFICER POLICE STATION ANTI CORRUPATION BUREAU

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 05.01.2018 passed by Special Judge under the Prevention of Corruption Act, 1988 (for short 'the Act of 1988')/First Additional Sessions Judge, Raipur in Special Criminal Case No.1434/2014 wherein the said Court convicted the appellant for commission of offence under Sections 7, 13(1)(d) read with Section 13(2) of the Act 1988 and sentenced him to undergo rigorous imprisonment for four years and to pay fine of Rs. 2 lakh; RI for four years and to pay fine of Rs. 2 lakh respectively with default stipulations.

(2.) As per the prosecution case, in the year 2011 the appellant was posted as Tahsildar in Tahsil Kurud, Distt. Dhamtari. Basant Kumar Sahu, the complainant in the present case, was having ancestral property in village Chatoud, PH No.4, Tahsil Kurud. The property was recorded in the names of his elder brothers Poshanlal Sahu, Bansi Lal and mother Smt. Leni Bai. They moved an application for mutation after partition and it was pending before the court of the Tahsildar/appellant. It is alleged that when the complainant contacted the appellant in this regard, he demanded Rs. 10,000/- and later Rs. 8,000/-. The complainant lodged written report before Superintendent of Police, Anti Corruption Bureau, Raipur on 09.9.2011. For verification of the said complaint, the police provided digital recorder to the complainant for recording the conversation in respect of demand of illegal gratification. The complainant intimated the police on 21.9.2011 that on 19.9.2011 he recorded the conversation. On 21.9.2011 two witnesses were arranged and one trap team was constituted. 16 notes of Rs. 500/- denomination were smeared with phenolphthalein powder and members of the trap party reached to the office of the appellant. After getting indication from the complainant, the trap team entered into the room, enquired about the matter and thereafter hands of the appellant were washed in Sodium Carbonate solution which turned into pink colour. After completion of investigation, charge sheet was filed and after completion of trial, the trial Court convicted and sentenced the appellant as mentioned above.

(3.) Learned counsel for the appellant submits as under: