STATE OF MADHYA PRADESH Vs. MOHAMMAD SHABBIR

JUDGEMENT

(1.) The respondent, at the relevant time was posted as Supervisor at M.P. Electricity Board, Kharwakalan. He was put to trial for commission of the offences under Sections 7 and 13 (1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred 'the Act'). The First Additional Sessions Judge & Special Judge for Prevention of Corruption cases at Ratlam by its judgment and order dated 28.11.1997, passed in Special Case No.2/1995 acquitted him of the said offences. The appellant (Lokayukt Organization) has preferred this appeal with the leave of the Court.

(2.) According to the prosecution, the respondent at the relevant time was posted as Supervisor at M.P. Electricity Board, Kharwakalan. Complainant Indarsingh (PW1) was having agriculture land and well at village Mandawa and, therefore, he applied for grant of electric connection on 3.3.1989 and deposited a sum of Rs.1175/- in the Office of M.P. Electricity Board, Kharwakalan. Apart from PW1 one Mangilal (PW3) also applied for grant of electric connection and deposited the usual charges in the said office. It is alleged that on 7.3.1989 the respondent made a demand of Rs.1,500/- as bribe from the complainant. PW1 was not willing to pay the illegal gratification but wanted to initiate legal action against the respondent and, accordingly, he met Prahlad S/o Shambhu Singh (PW2) and narrated the incident, who in turn advised the complainant to lodge a complaint at Lokayukt Office, Ujjain. Accordingly, he met the officials of the Lokayukt and gave a written complaint (Ex.P/4).

(3.) Being satisfied with the bona fide of the allegation, a pretrap exercise was undertaken. On 14.3.1989, a trap was arranged. Seven number of currency notes of Rs.100/- and one number of Rs.50/- denominations were noted. Currency notes were tinted with phenolphthalein powder and were kept in a pocket of PW1. He was given necessary instructions. The trap team consists of DSP C.B. Maroth (PW9), Head Constable Aminuddin, Constable Rajendra Mishra (PW6) and Constable Rameshwar Verma was constituted. Subsequently, a trap was laid. The tinted notes of Rs.750/- were seized from the left trouser pocket of the respondent, which were recovered. Numbers of the currency notes tallied with the preliminary memo. The necessary seizure memo and the memo of proceedings were drawn. Spot map was prepared vide Ex.P/19.