PHOOLSINGH KUSHWAH Vs. STATE OF MP

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 30-6-2004 passed by learned First Additional Sessions Judge and Special Judge, Gwalior, in Special Case No. 2/2000 convicting the appellant under Sections 7, 13(1)(d)/13(2) of the Prevention of Corruption Act, 1988 (in short, the Act) and thereby sentencing him to suffer one year R.1. and fine Rs. 2,500/-, in default, further R.I. of three months under Section 7 of the Act and further sentencing him to suffer one year R.I. and fine Rs. 2,500/-, in default further R.I. of three months under Section 13(1)(d)/13(2) of the Act with a further stipulation that both the sentences shall run concurrently, this appeal has been preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) In brief the case of prosecution is that appellant was serving on the post of Chairman, Janpad Panchayat, Morar, under Section 26 of the Madhya Pradesh Panchayat Raj Adhiniyam and was a public servant as defined under Section 2(c) of the Act. The appellant was discharging the function and duties of Chairman, Janpad Panchayat, Morar, till 2-12-1999. Dr. B. K. Sharma (hereinafter referred to as 'the complainant') on the date of trap was serving on the post of Veterinary Extension Officer. The complainant on 3-11-1999 submitted an application in the office of Special Police Establishment, Lokayukta, Gwalior, complaining against the appellant that he is making demand of bribe of Rs. 5,000/-. On the said application of the complainant, Lokayukta office registered a case and in order to verify the truth, handed over a tape-recorder to the complainant to record the conversion of the demand of bribe made by the appellant. On 6-11-1999 the complainant returned back the tape-recorded and told that on 4th and 5th November, 1999 conversation which took place between him and appellant has been tape recorded. On the basis of tape recorded version, transcripts (Exs. P.31 and 32) were prepared on 6-11-1999. Another application/complaint thereafter was submitted by the complainant in the office of Special Police Establishment.

(3.) In order to trap the appellant, 8-11-1999 the date was fixed and in that regard Panch witnesses, namely N. K. Sharma (not examined) and Omprakash, were summoned. On 8-11-1999 the complainant gave currency notes of Rs. 5,000/- in the office of Special Police Establishment and on these currency notes phenolphthalein powder was applied. A pre-trap Panchnama was also prepared. The complainant was sent to the residential house of the appellant to offer bribe money by directing him that after appellant accepts bribe money, he would give a signal to the members of the trap party.