MADANMOHAN JATWA Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 1.9.1997 passed by Special Judge, Ujjain in Special Case No. 4/1994, convicting the appellant under section 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (in short the Act) and thereby sentencing him to suffer three years RI and fine of Rs. 500.00 for each offence with a further stipulation that in case amount of fine is not deposited, the appellant shall undergo further imprisonment of two months RI, the appellant has knocked the doors of this Court by preferring this appeal under section 374 of the Code of Criminal Procedure, 1973.

(2.) In brief the case of prosecution is that one Shyamubai in order to start the business of vegetables submitted an application for obtaining loan of Rs. 2,000.00 in the Sahakari Sewa Samiti, Chanderi, Ujjain (hereinafter referred to as the "Samiti "). The loan was sanctioned in her favour and her husband Shantilal (hereinafter referred to as the complainant) contacted the appellant who, at the relevant point of time was serving on the post of Secretary in the said Samiti. According to the prosecution the appellant told that the complainant has to deposit Rs. 200.00 towards instalment and further told that a sum of Rs. 100.00 be also given to him towards bribe. The appellant was also directed by the officers to call for the quotations as a result of which he (appellant) called the quotation from one Om Prakash, but, despite it the requisite loan amount which was already sanctioned to the complainant’s wife was not paid. Since a demand of bribe was made by the appellant, the complainant submitted a complaint in the Lokayukt Office at Ujjain where Deputy S.P. Mr. Malhotra (could not be examined on account of his death before the trial) arranged a trap. The said officer summoned two Gazetted Officers namely Pitambar Das Saraf (Tahsildar, Nazul) and Bherulal were sent to the office of the Lokayukt where they were introduced with the complainant, thereafter the Head Constable Aminuddin searched the body of the complainant and thereafter on submitting two currency notes having denomination of Rs. 100.00 each and two currency notes of Rs. 50.00 (total Rs. 300.00) their numbers were noted down in the pre trap Panchnama and thereafter one employee of the Lokayukt Office Kanhaiyalal Kaithwas applied phenolphthalein powder on these currency notes.

(3.) The treated currency notes were kept in the pocket of the complainant with a direction the he should not shake his hands with the appellant and should not come in contact with the currency notes. Further the complainant was tutored that after obtaining the legal fee of Rs. 200.00 and bribe of Rs. 100.00, he shall rub his hand on his mustache which would be a signal to the members of the trap party that transaction of bribe has taken place. Thereafter Constable Aminuddin prepared the solution of Sodium Carbonate in the office and it was divided in two pans. In the first part the fingers of the hands of Panch witness were dipped and on dipping his fingers in the said solution the colour of the solution did not change. The un-tinted hand wash was thrown and in the second part of the solution of the Sodium Carbonate the fingers of the hands of Mr. Kaith was were dipped and on dipping his fingers in the said solution, its colour changed to pink. The tinted hand-wash was collected in a bottle and the same was scaled. Thereafter two packets of phenolphthalein powder and Sodium carbonate were prepared and they were sealed.