SHRAVA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by Appellant Shravan Kumar under Section 374 of the Code of Criminal Procedure challenging the judgment dated 27-1-2000 passed in Special Case No. 4/93 convicting the accused Appellant for offence under Section 161 of the Code of Criminal Procedure and sentencing him to one year's R.I. with fine of Rs. 2000/- and for offence under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 and sentencing him to one year R.I. with fine of Rs. 2000/-. Both the sentences were to run concurrently.

(2.) Brief facts of the prosecution case are that 10 years previously Devlal (P.W. 1) had obtained a loan from the Regional Gramin Bank, Branch at Sandalpur for Rs. 3000/- to run a small business of daily articles of Kirana etc. (Manihari). The formalities were completed and accused Appellant had demanded illegal gratification for release of said amount of loan and hence the complaint had been filed before the Lok Ayukta Police Ujjain. The Appellant was arrested on 20-8-87 and released on grant of bail. The arrest memo is Exh. P-4 and I.O. Jugalkishore Sharma (P.W. 4) filed challan in the Competent Court.

(3.) Considering the details and a brief history of the case we find that on 16-6-83 Shri R.S. Naigaonkar (P.W. 5) was the staff officer of the Gramin Bank at Shajapur. Shri P.M. Joshi was the Chairman of the Bank in the year 1990 whereas Naigaonkar was the Secretary to Shri P.M. Joshi whereas accused Shravan Kumar was the accountant and employee of the Bank and therefore, a public servant. Inspector Jagmohan Dhurve (P.W. 7) had inspected the drawer of Shravan Kumar and recovered Rs. 2050/- from his drawer as bank deposit and same amount was returned to the accused. Other concerned documents pertaining to transfer, appointment of the accused were recovered from the bank. The accused was identified by Shri R.N. Prasad (P.W. 9). This witness has also been examined to prove that Appellant Shravan Kumar Malviya was present at the bank on the date of incident, i.e., 20-8-87. Rest of the proceedings have not been disputed.