MANMOHAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 of Cr.P.C. has been filed against the Judgment and Sentence dtd. 19/3/2021 passed by Special Judge (Prevention of Corruption Act), Shivpuri in Special Case No. 06/2016, by which the Appellant has been convicted and sentenced for the following offences :

(2.) The prosecution story in short is that on 24/12/2014, the complainant made a written complaint to S.P., S.P.E. (Lokyakut), Gwalior on the allegations that his grand mother Binia Bai has died 4 months back, therefore, his father had moved an application for mutation of his name as well as the names of his sisters in the revenue records of land situation in village Kishanpura, area 0.61 hectares. Accordingly, the Appellant, who was working as Patwari had demanded Rs.20,000.00 for preparation of map and has already received Rs.8,000.00. The Appellant is demanding remaining amount of Rs.12,000.00 from the complainant, but the complainant doesnot want to give bribe and want that the Appellant be caught red handed. Accordingly, investigation was handed over to Inspector Alok Trivedi.

(3.) After verifying the contents of the complaint, a voice recorder was given to the complainant, vide panchnama Ex. P. 3 and the complainant was sent along with Constable Pramod Singh Tomar. On 27/12/2014, the constable Pramod Singh Tomar, brought the voice recorder in a closed envelop and handed over to Alok Trivedi. It was also informed by Pramod Singh Tomar that on 24/12/2013 he went to Tahsil Narwar along with the complainant, but meeting with Appellant could not take place on 24/12/2014 and 25/12/2014. On 26/12/2014, at about 4 P.M., the complainant had a talk with the Appellant regarding mutation of name of his father in respect of agricultural land and the Appellant had once again demanded Rs.12,000.00. It was also informed that it has been decided that an amount of Rs.3,000.00 shall be paid to the Appellant on 30-12- 2014. Panchnama of receipt of sealed voice recorder was prepared. The voice recorder was kept in an almirah in a safe custody. The complainant was directed to appear in the office on 29/12/2014 at 12 P.M. and a request letter was sent to Collector for appointing Panch witnesses. Accordingly on 29/12/2014, panch witnesses R.P.S. Kushwaha, Anand Prakash Naik, and complainant Yogesh Kushwaha came to the office. The complainant gave another application and accordingly, Alok Trivedi was once again directed to take action.