MANGESHBHAI BHABHUTABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Appellant has preferred this Appeal under Section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction and sentence dated 15th June, 1998 passed by the learned Additional Sessions Judge, Bharuch, in Special Corruption Case No. 05 of 1993, whereby the learned Judge was pleased to convict the Appellants-accused under Sections 13(1)(d) and 13(2) read with Section 7 of the Prevention of Corruption Act (for short "the Act") and awarded sentence to the Appellant to suffer rigorous imprisonment for two years and to pay fine of Rs. 1,000/- i/d to further undergo SI for one month for the offence under Sections 13(1)(5) and 13(2) of the Act..

(2.) It is the case of the prosecution that the Appellant was serving as Police Sub Inspector at Dediapada Police Station in Bharuch District in the year 1986. It is alleged that at the relevant point of time the complainant was running small Pangalla. It is alleged that on 27.12.1992 the complainant had organized an Adivasi Dance Program in his village. A party from other part of the village had come to perform the dance and the complainant had paid Rs. 3000/- to the party who had come to perform the dance program. It is alleged that after about 10 days from the date of program the Appellant - accused came at the Pan cabin of the complainant and inquired about the program in the village. The complainant has admitted before the Appellant that he had organized the dance program in the village. The complainant had also admitted that he had not obtained any permission from any authority for organizing the program as he was not aware about the same. The Appellant - accused, therefore, threatened the complainant that he would take necessary legal steps for organizing the dance program without obtaining necessary permission. The complainant has requested the accused not to take any legal steps. It is alleged that, therefore, the accused told that if the complainant wanted to save himself from legal steps being taken against him then he would have to pay Rs. 1000/- and thereby the accused illegally demanded the bribe from the complainant. It is alleged that on that day the complainant was having Rs. 500/- and, therefore, he paid the said amount to the accused and thereupon the accused told the complainant that the balance amount be arranged immediately. The complainant could not arrange the balance amount of Rs. 500/- and, therefore, he was called by the accused at Dediyapada Police Station on 12.2.1993. There the accused threatened the complainant that if he is not able to pay the balance amount of Rs. 500/- within 2-3 days then the complainant would find himself behind the bars. The complainant thereafter returned home. As the complainant did not want to pay the said amount he decided to file complaint against the Appellant - accused before the Anti Corruption Bureau. Accordinaly, on 15.2.1993 the complainant approached the A.C.B. Office at Bharuch and lodged complaint against the accused. Thereafter, two panchas from the office of Deputy Collector were called by the Investigating Officer and they were introduced to the complainant. The FIR was readover before the Panchas and they put their signatures on the same. The complainant thereafter produced 5 currency notes of the denomination of Rs. 100/-. The numbers of the currency notes were written down in the panchnama and the currency notes were handed over to one Police Constable Singabhai for the purpose of applying Anthracene powder. Thereafter the said currency notes were placed in the pocket of the complainant duly smeared with anthracene powder. Thereafter, the Trapping Officer, along with staff, Panchas and the complainant went to Dediapada in a Government Jeep. The complainant and the Panch No. 1 proceeded towards the Police Station and remaining members of the raiding party took their position around the Police station. It is alleged that when the complainant and Panch No. 1 reached the Police Station, the accused was sitting on a bench/otta of the Police Station. It is alleged that thereafter the complainant had a talk with the accused and the accused told the complainant that if he has brought the money the he may give the money to the accused. Upon being asked by the accused, the complainant took out the currency notes from his left hand pocket of the shirt and handed over the same to the accused and in turn the accused accepted the said amount with his right hand, counted it with the help of his left hand and put it in the left hand side pocket of T-Shirt. At that time on the signal given by the complainant, the raiding party rushed towards the accused and directed the accused to remain in the same position. It is the case of the prosecution that as alleged, the experiment under Ultra Violet lamp was carried out. The T-shirt which the accused was wearing was taken and seized from the accused. The currency notes thereafter were put in one brown paper cover. Necessary panchnama was drawn and the raid was completed. Thereafter, the statement of the accused was recorded.

(3.) Thereafter the police completed the investigation by recording statements of some witnesses and after obtaining the sanction, submitted charge-sheet against the present Appellant.