RAM NARAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 23.9.1998, passed by Special Judge, Lokayukta, Jabalpur, in Special Criminal Case No.7/1993, convicting the appellant under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentencing him to rigorous imprisonment for six months with fine of Rs.500/- and rigorous imprisonment one year with fine of Rs.500/-, on each count respectively.

(2.) According to prosecution, at the relevant time i.e. on 25.1.1988, appellant was posted as Reader in the Court of Naib Tahsildar, Badwara. A case under Section 107, 116 of the Indian Penal Code was pending against the complainant Namai (PW-1) in the Court of Tahsildar, Badwara. It is said that appellant demanded Rs.50/- from the complainant for dropping the said proceedings against him. He asked him to bring Rs.50/- on the next date of hearing i.e. on 25.1.1988. Being aggrieved, complainant went to the office of Special Police Establishment, Jabalpur Division, and submitted a written complaint (Ex.P/1) to the Superintendent of Police (Lokayukta). A trap was arranged and in the presence of Dy. Superintendent of Police and other witnesses, appellant was caught in the Tahsil court taking illegal gratification of Rs.50/-. After further investigation and obtaining the requisite sanction from the Government, charge sheet was filed against the appellant in the court of Special Judge.

(3.) Appellant pleaded false implication. According to him, complainant gave him Rs.50/- currency note for obtaining change, but concocted a false story of giving bribe at the instance of Narayan Prasad and Rohini Prasad.