LAWS(MPH)-2020-8-194

MOHAMMAD AJIH GOURI Vs. STATE OF M.P.

Decided On August 10, 2020
Mohammad Ajih Gouri Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) Also heard on I.A. No.1054/2020, the first application for suspension of a custodial sentence.

(2.) Being aggrieved by the judgment dated 29.1.2020 passed by 1st Addl. Sessions Judge & Special Judge (Prevention of Corruption Act), Indore whereby the appellant has been convicted for the offence/s punishable u/s. 13(1)(d) read with 13(2) of the Prevention of Corruption Act and sentenced to undergo 4 years RI and to pay fine of Rs.2000/- with default stipulation, the present appeal has been filed.

(3.) As per the prosecution story, the complainant - Vaibhav Rane (P.W.3) made a written complaint on 20.5.2016 stating that he is a resident of 134, Ranipura Main Road, Indore and engaged in the business of hosiery. On 18.5.2016, he fought with his wife - Smt. Madhavi Rane and in which she sustained the injury in her hand and she has lodged a report in Police Station Central Kotwali, Indore. The present appellant who was Head Constable and posted in the said Police Station investigating the case. On 19.5.2016, the present appellant came to his house at 4.00 pm. and informed him about registration of the FIR and demanded Rs.5000-6,000/- for filing the challan on an early date and helping him for releasing him on bail. After negotiations, he agreed to give Rs.2,500/- to the appellant. Under pressure, he had paid Rs.500/- to the appellant and assured to pay remaining Rs.2,000/- later on. But he now he is not interested in giving the bribe to the appellant and wants him to be caught red- handed. A written complaint to the SPE, Lokayukta, Indorewas assigned to Inspector - Vijay Choudhary to conduct an investigation. Vijay Choudhary handed over the voice recorder to the complainant for recording the conversation in order to verify the contents of the complaint. On 23.5.2016, the complainant approached the Office of Lokayukt and handed over the voice-recorder and memory card and also submitted another application (Ex. P/3). After verifying the demand of bribe, the IO constituted a trap team and instructed the complainant to arrange for currency notes of Rs.1,500/-. After completion of the necessary procedure for the trap of the appellant, they all went to Police Station Central Kotwali. On instructions of the trap-team, the complainant went inside the Police Station and after some time came out and gave an indication to the members of the trap-team. The IO along with 'Panch' witnesses entered into the Police Station and gave his introduction. The search was conducted and currency notes of Rs.1,500/- were recovered from the left pocket of the shirt of the present appellant. Thereafter, necessary investigation was completed ad challan was filed.