BHISHMA DEV VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 28.02.2009 passed by the Special Judge, Raipur in Special Case No. 03 of 2006, whereby the accused/appellant has been convicted under Section 7 and 13(1)(d) read with section 13(2) of the Prevention of Corruption Act 1988 and sentenced him to undergo R.I. for one year and to pay a fine of Rs. 3000/- under Section 7 of the Prevention of Corruption Act and R.I. for one year and to pay a fine of Rs. 3000/- under Section 13(1)(d) read with section 13(2) of the Prevention of Corruption Act with default stipulation.

(2.) Facts of the case in short are that the appellant was posted as peon in the Office of Nayab Tahsildar at Raipur. Complainant Heeraman Tondon (PW-3) submitted an application in the said office for partition and correction of records after the death of his father. After submission of application, he visited the office of Nayab Tahsildar several times and found that his application was pending without any progress thereon. Then he met the appellant to know about the progress of his work on which he demanded Rs. 2000/- as bribe for getting his work done. Since the complainant did not want to give bribe, he complained the matter to Superintendent of Police, Anti Corruption Bureau, Raipur on 18.03.2005 (Ex.P-3) where Dehatinalashi (EX.P-4) and panchnama (Ex.P-5) were also prepared. On the basis of said complaint, he was handed over a tape recorder under EX.P-6 for recording the conversation between them. A script of the recorded conversation was prepared vide Ex.P-8; 20 currency notes of Rs. 100/- denomination were given by the complainant to the trap team which in-turn gave back the same to him after coating phenolphthalein powder in the same vide Ex.P-7 and necessary instructions were given to the complainant as to in what manner he has to handover the same to the accused. After making complete preparation of the trap, the complainant and the trap team proceeded for trap. At about 12:30 PM complainant along with trap team went to the office of the appellant where the members of trap team were standing some steps back from them waiting for the signal from the complainant. The complainant met the accused and on being asked for the bribe money the complainant took out the notes from his safari shirt and handed over to the appellant and came out. Thereafter, when he gave signal by scratching his head, the trap party went to the accused/appellant, caught him red handed while accepting money from the complainant, got his hands washed in the sodium carbonate solution colour of which turned pink. Thereafter, FIR (Ex.P-10) was recorded and currency notes given by the complainant to the accused/appellant were seized from the him under Ex.P-10 (A). The solution was sent to the FSL and the report received from the laboratory was positive. Necessary sanction for prosecution of the accused was obtained vide Ex.P-17 from the competent authority. On completion of the investigation, the charge-sheet was filed against him for offence punishable under Sections 7 and 13(1)(d) read with section 13(2) of the Prevention of Corruption Act followed by framing of charge accordingly.

(3.) In order to prove its case the prosecution has examined 8 witnesses in support of its case. Statements of the accused was recorded under Section 313 of the Code of Criminal Procedure in which she denied her guilt and pleaded innocence and false implication in the case.