ASHOK NAYAK Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 2 nd December 1997, passed by Special Judge, Bhopal, in Special Case No.4/1996, convicting the appellant under Section 7 read with Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 and sentencing him to rigorous imprisonment for one year with fine of Rs.2000/-. In default of payment of fine, simple imprisonment for three months.

(2.) The allegation against the appellant is that when he was posted as Lecturer in Gandhi Medical College, Bhopal, he demanded Rs.500/- from complainant Prem Singh for issuing fitness certificate to him and for passing his medical bill.

(3.) In short, the prosecution case is that complainant Prem Singh, who was working as Lineman in M.P. Electricity Board at village Dhuna, district Sehore, went to recover the dues from the consumers. He was assaulted by some persons, as a result of which he suffered serious injuries. For the treatment, he was admitted in Hamidiya Hospital, Bhopal. He remained under treatment of appellant, who was posted as a Lecturer in Neurology in Gandhi Medical College/Hamidiya Hospital, Bhopal. On 9.4.1993, he was discharged from the Hospital. Since he was not completely cured, on 22.4.1993 he met appellant at his residence. On 10.6.1993, appellant obtained Rs.200/- from him for his check up. When he requested appellant to issue a fitness certificate to him, he demanded Rs.500/- as bribe. Complainant (PW-4) then went to Lokayukta Office, Bhopal and presented a written complaint (Ex.P/3) to Superintendent of Police (Lokayukta) expressing his grievance that appellant was demanding Rs.500/- as bribe for issuing fitness certificate and for passing bills of medicines. The said complaint was marked to Inspector Saligram Sankhedia (PW-7), who requisitioned the services of witnesses S.A. Zaidy (PW-2) and Pramod Sharma (PW-5), both officers in Small Savings Department, who verified from complainant of having made the said complaint. Inspector Sankhedia registered the FIR (Ex.P/22) and after obtaining five currency notes of 100/- denomination, applied the phenolphthalein powder on them and made the complainant and other witnesses to understand the trap proceedings. He prepared a preliminary Panchnama (Ex.P/4) in this regard. Thereafter, during the trap proceedings, on receiving signal from the complainant, Inspector Sankhedia and other members of the trap party recovered tainted currency notes from the pocket of appellant. Hands of complainant and the appellant were washed with sodium carbonate solution, which turned pink. Certificates of unfit and fitness were seized and trap Panchnama (Ex.P/12) was recorded.