STATE OF MADHYA PRADESH Vs. ROOPCHAND AMULE

JUDGEMENT

(1.) This State appeal is directed against the judgment delivered by the Special Judge, Mahasamund in Special Case No. 13/1987 vide judgment dated 19.9.1990 whereby the respondent was acquitted of the charge under Section 161 of the I.P.C. and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (henceforth 'the Act of 1947')

(2.) It is not disputed that respondent Roopchand Amule was posted as Industrial Inspector in Directorate of Industries and on the date of incident i.e. 20.01.1986 he was on the same post working at Mahasamund. It is not in dispute that permission to prosecute the respondent was granted. It is also not in dispute that the complainant is owner of Utensil Shop at Mahasamund.

(3.) The prosecution version in a nutshell is that in the month of May, 1985 the complainant Khemrao Banjari was granted loan amount of Rs.15,000/- under Self-Employment Scheme for opening utensil shop from the State Bank of India, Branch at Mahasamund and out of that loan the complainant was entitled to get subsidy of Rs.3,750/-The respondent -Roopchand Amule demanded illegal gratification of Rs.100/- from the complainant to facilitate subsidy of Rs. 3,750 but the complainant did not want to pay that money as demanded by the respondent. On 20.01.1986 near about 4.00-4.30 p.m. the complainant after coming to know that Police Superintendent, Vigilance Department is at Mahasamund submitted a written complaint Ex.P.1 before him and on the same day at evening trap party was arranged and demonstration of colourless Sodium Carbonate Solution and reaction of Phenolphthalein Powder was made by Constable Ramjee Bhoi. Two currency notes of Rs. 50/- (total Rs. 100/-) were handed over to Police Superintendent by the complainant and after applying Phenolphthalein Powder the same were kept in the pocket of complainant who was instructed to give those currency notes to respondent on demand and after that indicate the trap party The number of notes 6DE 409190 and 9EA 896899 were mentioned in the panchnama and all proceedings were made in preliminary panchnama vide Ex.P.2 , which bears the signatures of members of trap party and the complainant. Thereafter, the trap party proceeded and took their position to nab the respondent. The respondent came to shop of the complainant near about 6 O'clock on 20.01.1996 and after some conversation the complainant gave those currency notes quoted with Phenolphthalein Powder to the respondent and after receipt of signal from him the trap party immediately reached and caught hold the respondent. After this, the hands of the of respondent were dipped in the colourless Sodium Carbonate solution which became pink and after making all necessary proceedings Dehati Nalishi Ex.P.3 was lodged. Document Ex. P.10, the loan statement was also seized from the complainant. After completion of investigation all seized articles relating to chemical reactions were sent to Forensic Science Laboratory, Sagar, vide Ex.21 and the F.S.L. report is Ex. P.22.