KANHAIYA LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has filed this appeal against the judgment dated 10th April, 2000 passed by Special Judge (Prevention of Corruption Act), Jabalpur in Special Criminal Case No.28/91 convicting him under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act, 1947 and section 161 of the Indian Penal Code and sentencing him to rigorous imprisonment for 2 years with fine of Rs.2000/- on each count, respectively. Sentences of imprisonment concurrent.

(2.) THE accusation against the appellant is that on 23.1.1987 while he was posted as Assistant Sales Tax Officer, Jabalpur, he by abusing his position as a public servant, by corrupt and illegal means, obtained Rs.500/- as illegal gratification for showing favour to complainant Musharrat Ali in his sales tax assessment case.

(3.) AT about 2:30 p.m. members of trap party reached at the sales tax office. Complainant and Shahjad Khan (PW-4) went to the office of appellant which was situated on the first floor of the building. Other members of the trap party sat on the bench kept in the verandah. AT about 2:40, complainant came out of the office of appellant and gave prefixed signal whereupon trap party entered the office. After giving their introduction to appellant, inspector Mishra caught hold of the right hand of appellant and got it washed with sodium carbonate solution, the solution turned pink. The hands of panch witnesses were also washed with the solution but the colour of the solution remained unchanged. Said solutions were seized and sealed.