SITARAM MALI Vs. SPECIAL POLICE ESTABLISHMENT LOKAYUKTA

JUDGEMENT

(1.) Heard the learned counsel for the parties through Video Conferencing on I.A. No.2687/2020, i.e. a third repeat application for suspension of custodial sentence.

(2.) The appellant has been convicted under Sections 7, 13(1) (d) r/w 13(2) of the Prevention of Corruption Act vide order dated 24.07.2019 and sentenced to undergo for 4-4 years R.I and fine of Rs.7000/- 7,000/-, respectively and in default of payment of fine amount further to undergo 2-2 months S.I.

(3.) According to the prosecution story, on 16.12.2013, a complainant Ram Prahlad Patidar made a written complaint in the Office of Superintendent of Police, SPE, Lokayukt, Ujjain alleging that a criminal case under the provisions of SC/ST (P.A.) Act and IPC has been registered against his son Vikas Patidar in which the investigation was being done by Sitaram Mali (Dy.S.P.)/ present appellant. He called him in the AJAK, Police Station, Ujjain on 15.12.2013 and demanded Rs.50,000/- as illegal gratification for not increasing the charges and would help him in bail application, but he does not want to bribe him and wants to get hold him while taking the bribe. In order to verify the contents of the complaint, he was given a voice recorder for recording the conversation in respect of demand of bribe with the appellant. The complainant alognwith trap team left the SP Office near about 9 AM and reached Sailana Police Station at 11:15 with due permission, the complainant entered into the chamber of the appellant and offered him bribe. The appellant has directed him to keep the same in the table and covered it by a file. After doing so, he came out and gave the indication to the members of the trap team. Immediately, two constables rushed inside the chamber of appellant and coughs his both the hands. He denied the acceptance of bribe and after search, the tented currency notes were found below the file on the table of the appellant. After completing the necessary investigation, the Police filed the challan before the Special Judge against the appellant.