SHIV SHANKAR PRASAD Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19th August 2008 passed by the learned Special Judge in CC No. 53 of 2006 convicting the Appellant for the offences under Sections 7 and 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 ("PC Act") and the order on sentence dated 22nd August 2008 whereby for the offence under Section 7 the Appellant was sentenced to rigorous imprisonment ("RI") for 1 year with fine of Rs.2,000 and in default to undergo simple imprisonment ("SI") for 2 months and for the offence under Section 13 (1) (d) read with Section 13 (2) of the PC Act, he was further sentenced to two years RI with fine of Rs.4,000 and in default to undergo SI for 4 months. Both sentences were directed to run concurrently.

(2.) The Appellant was at the relevant time a Sub Inspector ("SI") attached to Police Station ("PS") Welcome. The police booth at Janta Colony, Welcome, was functioning as part of the said PS. The complainant Bashir (PW-5) was working as a Tailor. An FIR No. 348 of 2008 had been registered against PW-5 under Sections 341/343 IPC at PS Welcome in which he was granted anticipatory bail. According to PW-5 he had met the Appellant to furnish his bail bond and the surety bond of Shamim Bano (PW-7). In his complaint to the Anti Corruption Branch ("ACB") (Ex. PW-5/A) dated 22nd March 2001 he stated that he had been called by the Appellant to the police booth at Welcome on 22nd March 2001 at 6 pm with his surety for filling up of the bail bond. PW-5 stated that he had been asked by the Appellant to come with Rs.1,000 as bribe amount.

(3.) Since PW-5 was not willing to give the bribe he went to the ACB at around 4 pm and got his complaint (Ex. PW-5/A) recorded by Ms. Sudesh Kumari, Raiding Officer ("RO") (PW-9) who was at the relevant time an Inspector in the ACB and in the presence of the panch witness Mr. Abhay Sharma (PW-6) who at that time was an LDC in the Employment Exchange, Kasturba Gandhi Marg and was on duty at the ACB. PW-5 is stated to have produced two government currency ("GC") notes of Rs.500 each. PW-9 noted their numbers in the pre-raid report, treated them with phenolphthalein powder and gave a demonstration of its effect. The treated GC notes were given back to PW-5 to be handed over to the Appellant. PW-6 was instructed to remain close to PW-5 and to see and overhear the transaction and to give a signal once the transaction is completed. The pre-raid proceeding (Ex.PW-5/B) was signed by both PWs-5 and 6.