SUNIL CHAUDHARY Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment and order dated 3.7.2018, passed by Special Judge, Anti-Corruption/Additional Sessions Judge, Meerut, in Criminal Case No.08 of 2013 (State vs. Sunil Chaudhary) arising out of Case Crime No.1146 of 2013, under Section 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (herein after referred to as 'the Act, 1988'), Police Station-Loni, District-Ghaziabad, by which the appellant was convicted and sentenced for a period of four years and fine of Rs.15,000/- under Section 7 of the Act, 1988 and for a period of five years and Rs.15,000/- fine under Section 13(2) of the Act, 1988 with imprisonment in default of fine. All the sentences were directed to run concurrently.

(2.) Brief facts of this case are that on 6.6.2013, a case was registered against the appellant-Sunil Chaudhary on the basis of first information report (Ex.ka10), according to which, the appellant was lekhpal and posted in Tehsil-Loni, District-Ghaziabad as a public servant. One Sonepal had applied through an application for measurement of his land and the said application was given to concerned Sub Divisional Magistrate. On 4.6.2013, complainant-Pramod Sharma submitted an application in the office of Anti-corruption, Meerut, stating that his cousin-Sonepal had moved an application to SDM for measuring his land. That application was sent to lekhpal-Sunil Chaudhary. On 3.5.2013, he met with lekhpal, but he demanded Rs. 50,000/- as bribe for measurement of the land. Again on 1.6.2013, he met with lekhpal, but he told that he will not make the measurement unless he has given Rs. 50,000/-. After bargaining, lekhpal was ready to take Rs. 30,000/- as bribe and said that he should talk to him on 6.6.2013. It is said in first information report that complainant did not want to give the bribe, but wanted that lekhpal should be caught red-handed. After recording the statement of complainant, Inspector G.S. Chauhan was directed to conduct pre-trap exercise. Shri Chauhan submitted report that general reputation of lekhpal is of a corrupt public servant. Team for trap was organized and District Magistrate, Ghaziabad, was contacted to make two independent witnesses available. District Magistrate nominated Shri Raj Singh Yadav, DIOS Ghaziabad, and directed that he should take one of his subordinates with him as witness. Shri Raj Singh Yadav took Shri Tasleen with him from the office of DIOS. Trap-team led by Deputy S.P.-Ravindra Pal Singh Tomar, went to the place of occurrence where complainant met with the team. Complainant handed over Rs. 30,000/-, consisting of 60 notes of Rs. 500/- to D.S.P., who noted the numbers of currency notes. Constable Anand Swaroop applied chemical powder on the notes. After that above notes were handed over to the complainant with the direction that these notes will be given to the lekhpal on his demand. Hands of constable Anand Swaroop and the complainant were made to wash separately in the liquid of sodium-carbonate and the colour of water turned pink, which was filled in separate bottles and sealed.

(3.) It was told by the complainant that lekhpal has called him at about 01:00 p.m. in front of Abhinandan Vatika, trap-teem took the position near Abhinandan Vatika. At about 1:15 p.m., he came there in Swift Car bearing No. UP14BR1105. Complainant reached to the lekhpal and asked him to conduct the measurement of his land. Lekhpal demanded Rs.30,000/- as bribe as decided earlier. Complainant handed over the notes, which were treated with the chemical. Trap-team surrounded lekhpal at once. Lekhpal tried to flee away, but he was caught 15 steps away from the car at about 1:30 p.m. and treated 60 notes of Rs.500/- were recovered from his right hand. On the basis of above report, Case Crime No.1146 of 2013 was registered against the appellant.