PRATAP SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appeal has been filed by the appellants against the judgment dated 01.12.1998 delivered by Special Judge, Narsinghpur in Special Case No. 1/95 whereby appellant no. 1 Pratap Singh has been convicted for alleged offence punishable under Section 7 of Prevention of Corruption Act, 1988 (for short "the Act") and sentenced to R.I. for one year and fine of Rs. 5,000/, in default of payment of fine to undergo R.I. for three months, whereas appellant No. 2 Vimal Kumar has been convicted for alleged offence punishable under Section 12 of the Act and sentenced to R.I. for six months and fine of Rs. 200/, in default of payment of fine to further undergo R.I. for one month relevant time. It is also undisputed that on 18.9.92 he arrested Rajaram (PW6) and Prem Narayan (PW7) for the offence of Excise Act who were chargesheeted and found guilty.

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(3.) In short, the prosecution case is that, on 19.9.92 Jasman @ Jaswant (PW1) approached appellant No. 1 Pratap Singh for release of Rajaram (PW6) and Prem Narayan (PW7). Pratap Singh made a demand of Rs. 15,000/ for their release. After some haggling, appellant Pratap Singh agreed to accept Rs. 5,000/ for release of Rajaram and Rs. 1,200/ for Prem Narayan. Out the agreed amount of Rs. 6,200/ (in total), Rs. 5,000/ were paid and Rajaram was released. Rs. 1,200/ were demanded as bribe by appellant No.1 from Jasman (PW1) for release of Prem Narayan. As Jasman (PW1) was not having sufficient money, so he pledged the gold coin to Ashok Soni (PW8) and got the money. Jasman also narrated this fact to Ramnarayan Lodhi (PW5), Sarpanch of Village Salechowka and both reached to the office of SPE, Lokayukta on 21.9.92 where Ramnarayan Lodhi (PW5) wrote the complaint Ex. P/l on the instructions of Jasman (PW1) and Jasman put his signatures and then he handed over this Ex. P/l to Supdt, of Police, Lokayukta, Jabalpur who called T.I. Prakash Agnihotri and Shri Agnihotri arranged the trap. Prakash Agnihotri and Shri Agnihotri (PW10), after receiving report (Ex. P/l) enquired the matter and called R.K. Jain and Mahendra Kumar Choubey (PW2). Complainant Jasman was introduced to them and they enquired and verified the matter and Prakash Agnihotri (PW.10) registered FIR (Ex. P/2). The currency notes of Rs.100/ (twelve in denomination) total Rs. 1,200/ were handed over by Jasman (PW.l) to trap party. Mahendra Kumar Choubey (PW.2) put special mark on each note and on these notes Santosh, working as Peon in the Office of SPE, Lokayukta applied phenolphthalein powder and demonstration of phenolphthalein powder was made and tainted notes were kept in the pocket of complainant" Jasman (PW1). He was asked not to touch the notes and to handover the same to appellant No. 1 Pratap Singh and to give specific signal after acceptance of tainted notes by the appellant. In the night Jasman (PW1) and Ramnarayan Lodhi (PW5) remained at Jabalpur and in the morning with trap team including Mahendra Choubey, R.K. Jain, Jasman, Ramnath, Nirbhaysingh, Prakash Agnihotri, Inspector, R.K. Pandey and Peon Santosh started from Jabalpur to Gadarwara by Bina Passenger and they reached Gadarwara.