BHANU DUTT DWIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) INSTANT criminal appeal has been preferred against the judgment and order dated 04.07.2005 passed by 2nd Additional District & Sessions Judge, Faizabad in Special Case No.1 of 2000 (State v. Bhanu Dutt Dwivedi) arising out of Case Crime No.608 of 1998 whereby the present appellant was convicted for the offence under Section 7 of the Prevention of Corruption Act and was sentenced to undergo rigorous imprisonment for a period of three years and also with fine of Rs. 5000/ - with default stipulation of six months' additional rigorous imprisonment.

(2.) BEFORE proceeding further in the matter, it is pertinent to mention here that during trial the record of the case was lost and subsequently it was re -constructed. The appellant fully cooperated in the re -construction of the record and thereafter the case was decided.

(3.) IN brief, the facts of the case are that the appellant, at the relevant time, was Sub -Inspector and was posted as Chowki Incharge Darshan Nagar, Police Station Kotwali Ayodhya, District Faizabad. He was investigating case crime no.598 of 1998 under Section 304 A IPC registered against the complainant of the present case namely Surendra Pratap Singh. The allegation is that the present appellant demanded Rs. 7000/ - from said Surendra Pratap Singh to file final report in the said case. The complainant Surendra Pratap Singh made a complaint to the District Magistrate, who signed notes and thereafter wrote a letter to the S.P. (City) for laying a trap. S.P. (City) and City Magistrate along with the complainant and his brother Devendra Singh laid a trap on 07.07.1998. The trap team reached near the police out post Darshan Nagar wherefrom Devendra Singh was sent to give bribe of Rs.7000/ - to the appellant in Maruti Zen No.U.P.42 -B/9111. The appellant went with Devendra Singh to his house where he demanded money. Devendra Singh gave him the said notes signed by the District Magistrate, which were kept by the appellant in his rented house. The moment he came out of the said house and was locking the room, he was inquired about the money by the trap team and thereafter Rs.7000/ - were recovered from a register kept in the almirah and the notes, which were signed by the District Magistrate, were recovered. The notes were taken in custody. The appellant was arrested and recovery memo was prepared. On the basis of the said recovery memo, case was registered against the appellant on the same day at 11.10 PM. The case was investigated by the C.O. Kuldeep Narain and after completing the investigation, charge sheet was filed after seeking sanction to prosecute.