RAJESH KUMAR GOSWAMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 22nd October, 1997 passed by Fifth Additional Sessions Judge/Special Judge (C.B.I.) Jabalpur in Special Case No. 08/1989, convicting him 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 two years with fine of Rs. 5000/- on each count respectively. Substantive sentences have been directed to run concurrently.

(2.) In short, facts of the case are that in the month of November, 1989, appellant R.K.Goswami was functioning as Branch Manager of Nagan-Deori Branch of Chhindwara-Seoni, Kshetriya Gramin Bank at Nagan-Deori, District Seoni. This Bank was sponsored by the Central Bank of India. On the application of complainant Mohanlal Uikey, a loan for a sum of Rs. 6000/- was sanctioned. As first installment, a sum of Rs. 1,000/- was paid to him by the appellant on 14.4.2008. When complainant Mohanlal approached to appellant for remaining amount of Rs. 5000/- on 31.10.1989, appellant demanded Rs. 500/- by way of illegal gratification for disbursement of the said amount.

(3.) Since, complainant did not want to give bribe, he went to C.B.I. Office Jabalpur and submitted a written complaint Ex. P/12. Superintendent of Police, C.B.I. recorded the first information report Ex. P/17 and deputed Inspector R.K.Shukla (PW6) to inspect the matter. Inspector R.K.Shukla requisitioned services of two independent witnesses namely K.K.Sareen (PW3) and Dr. A.K.Verma (PW4), who were the employees of Oriental Insurance Company. These Officers on 2.11.1989 verified the facts from the complainant. R.K.Shukla (PW5) obtained Rs. 500/- from the complainant and demonstrated the effect of Phenolphthalein powder to complainant and other witnesses. He arranged for a trap and asked complainant to hand over the bribe money of Rs. 500/- to appellant and give a signal. A pre trap panchnama Ex. P/ 13 was prepared.