STATE OF U.P. Vs. BHEEM SEN

JUDGEMENT

(1.) This government appeal has been filed against accused- respondents, Bheem Sen, s/o Sukhan Singh, r/o village Khushhalpur, P.S. Majhola, district Moradabad, the then T.G.-2/Cashier Mansarowar Sub Station Majhola, Ajay Kumar Srivastava, s/o Musailal, the then S.D.O. Sub Divisional Office-IV, U.P. Power Corporation Limited, Moradabad and Satya Prakash Saxena, s/o Ganesh Prasad, the then Junior Engineer, Mansarovar Sub Station Majhola, Moradabad, r/o 2, Gandhi Park, Civil Lines, Moradabad, who have been acquitted by Special Judge, Ante Corruption, Bareilly in Special Trial No.13/2008 (State Vs. Bheem Sen and two others, u/s 7/13 (1) (d) read with Section 13 (2) Prevention of Corruption Act, 1988, P.S. Majhola, district Moradabad challenging the finding of acquittal on the ground that the impugned judgment and order besides being perverse, is illegal.

(2.) The prosecution case as embedded in the complaint of the complainant, Smt. Shobha Sachdeva, w/o Kashmirilal Sachdeva, r/o 23 Millan Bihar, Delhi Road, P.S. Majhola, district Moradabad made to the Dy. S.P., Ante Corruption, Moradabad, on 27.2.2007 is that she was all alone in her house on 25.2.2007. The said house is in the name of her husband. At about 10.00 a.m., S.D.O., Shri Srivastava and J.E., Shri Saxena along with 3 to 4 staff members came at her house to check the electric meter and its load. She told them that she was all alone at the house and her husband had gone out of station. Even then, all the aforesaid persons entered into the house and checked the meter and its load. Thereafter, they told that the load should be 13.5 kilowatts instead of 7.5 kilowatts and demanded Rs.10,000/- as bribe for not taking any legal action against her and when the demand could not be fulfilled, they disturbed the meter by screwdriver and threatened to charge Rs.2,00,000/- as penalty. On the request of the complainant, the S.D.O. and others agreed to take Rs.20,000/- as bribe and Rs.50,000/- as penalty, however, it was lastly settled that the bribe money of Rs.20,000/- shall be given on 27.2.2007 apart from two cheques valuing Rs.28,000/- in total to deposit in the Government Exchequer.

(3.) She prayed in the complaint that she did not want to give bribe but wanted to get such corrupt officials trapped. She had all the aforesaid money Rs.20,000/- plus two cheques amounting to Rs.28,000/-. Out of which, Rs.20,000/-, total 40 currency notes each of which were in the denomination of 500 and all were treated by Ante Corruption Department according to the procedure meant for the same. The aforesaid total rupees were handed over to the complainant, Smt. Shobha Sachdeva and she was asked to give it to accused Bheem Sen as per the direction given to her by Shri Ajay Kumar Srivastava, S.D.O.