UGRASEN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 05.02.2013 passed by learned Special Judge, C.B.I., Court No. 1, Lucknow in Criminal Case No. 6 of 2001 (State v. Ugrasen Singh), arising out of R.C. No. 16A/2000, under Sections 7 and 13(2)read with Section 13(1)(d) of Prevention of Corruption Act, 1988, Police Station C.B.I./S.P.E., Lucknow, whereby the Special Judge has convicted the accused-appellant namely, Ugrasen Singh under Section 7 of Prevention of Corruption Act and sentenced him for two and a half years rigorous imprisonment with fine of Rs. 10,000/-, in default of payment of fine, he shall undergo three months additional rigorous imprisonment.

(2.) The facts and circumstances leading to this case in a nutshell are that Deputy Prasad Sharma, Khalasi in the P.W. I. (Construction), N.E.R., Gonda made a written complaint on 28.08.2000 to the Superintendent of Police, Central Bureau of Investigation (C.B.I.)/S.P.E. stating therein that Ugrasen Singh while posted and functioning as P.W. I. (Construction) N.E.R., Gonda demanded Rs. 500/- per month from the complainant for giving him attendance on the muster-sheet without doing any government work. When the complainant failed to give the money demanded by the appellant, he wrote a memorandum dated 31.05.2000 alleging therein that the complainant was absent from his duty and when the appellant enquired about his absence, the complainant misbehaved with him. The complainant met the appellant on 25.08.2000 and 27.08.2000, the appellant again demanded Rs. 1,500/- for month of June to August as illegal gratification. The complainant requested that due to illness of his wife, he could not arrange the said amount, but now he shall manage Rs. 1,000/- for the month of June and July, 2000 to give the appellant, who threatened him that if the same amount is not given till 29.08.2000, he will be shown absent in the muster-sheet for the period 06.08.2000 to 15.09.2000 and get his wages deducted accordingly. Since the complainant do not want to give illegal gratification, he made a complaint to the Superintendent of Police, C.B.I. and after formation of trap laying team, trap was laid after following the pre-trap procedure as prescribed under the law and the appellant was caught red-handed while demanding and accepting the bribe amount of Rs. 1,000/-, in presence of independent witness, near Quarter No. 252-B, Khera Railway Colony, Gonda on 29.08.2000 around 07:00 p.m., and the amount of Rs. 1,000/- was recovered from the back, right side, pocket of his trouser. The procedure regarding hand-wash was followed in presence of the witnesses and the appellant was accordingly arrested and charged under Section 7 and 13(2) read with Section 13(1)(d) Prevention of Corruption Act, 1988 (hereinafter referred to 'Act').

(3.) The investigation was conducted by Shri S.A.H. Rizvi, Inspector, who after completion of investigation submitted charge-sheet exhibit Ka-16 against the accused-appellant. The Investigating Officer also obtained prosecution sanction exhibit Ka-1 from the competent authority to prosecute the appellant under Sections 7 and 13(2) read with Section 13(1)(d) of the Act. The charge against the accused-appellant under aforesaid sections was framed, to which he denied and claimed trial.