HARIRAM PATEL Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant (accused) under Section 374 (2) of the Criminal Procedure Code, challenging the judgment and order of his conviction passed by the special judge. Narsinghpur for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and sentence of rigorous imprisonment for one year with fine of Rs. 1000/- in default payment of fine amount he further suffer rigorous imprisonment for 3 months and under Section 13 (1) (d) r/w 13 (2) of the Prevention of Corruption Act, and sentence of rigorous imprisonment for one year with fine of Rs. 1000/- in default, rigorous imprisonment for 3 months. Both the sentences were ordered to run concurrently. The offences in question, were alleged to have been committed by appellant on 26.4.1987.

(2.) Background facts in a nutshell are as follows:-

(3.) On the basis of complaint made by the complainant a trap was arranged on next date i.e. 26.4.1987. on submitting five currency notes of Rs. 100 each by the complainant Dr. Sunil Kumar their numbers were noted down in the pre-trap panchnama Ex. P-6. These currency notes were treated with phenolphthalein powder and were kept in an envelope and the envelope was kept in the pocket of the complainant.