STATE OF M P Vs. BABU SINGH

JUDGEMENT

(1.) Appellant preferred this appeal under Section 378 (1) of the Code of Criminal Procedure being aggrieved by the judgment dated 09.02.1999 passed by Special Judge, Prevention of Corruption Act, 1988 (in short 'the Act'), Chhatarpur in Special Case No.08/1993 whereby respondent Babu Singh had been acquitted of the charge of the offence punishable under Section 7 of the Act.

(2.) Brief facts of the case are that complainant Rampyare (PW.1) owned 10 Bigha land at village Chak Khadeha. He had submitted an application for demarcation of his land. On 22.12.1990. Respondent/accused had come on his field with Revenue Inspector and taken Rs. 200/- before measuring his land. It was alleged that for work of demarcation, respondent demanded Rs. 1000/- as illegal gratification from complainant Rampyare (PW-1), but complainant was not willing to pay the bribe. He filed written complaint (Ex.P/6) in the office of SPE, Lokayukt. After verification of the complaint, it was registered as Dehati Nalshi (Ex.P/17) by H.R.P. Choudhary, (Ex.P/8) and trap was arranged. Two panch witnesses Shri S.C. Shrivastava (PW.5) and N.K. Arora (PW.3) were invited to associate with the trap proceedings and witness the same. The complainant brought ten notes each of rupees hundred amounting to 1000/-. Constable Purushottam Lal Bohare applied phenolphthalein powder on the currency notes and noted the serial number of notes and kept the notes in the pocket of complainant's Kurta, with a specific instruction that he will not touch currency notes prior to payment to the respondent. SPE, Lokayukt also instructed the complainant that after the payment, he would give an indication by scraping his head. Preliminary panchnama (Ex.P/4) was prepared. Dy. S.P., Nirbhay Singh, Head Constable Mulchand, Constable Dwarka, Inspector M.K. Goutam and P.C. Jain along with complainant and two panchas went by jeep from Londi to Sarvai.

(3.) The Police party sent the complainant to the house of the respondent. After some time, complainant sent a signal. The constable Mulchand and Dwarka Prasad (PW.4) rushed to the house of the respondent and caught the hands of the respondent. Trap Party also reached there. Naresh Kumar Arora (PW.3) took out marked currency notes from the pocket of the respondent and tallied their serial numbers with the pre-trap panchnama (Ex.P/4). Seizure memo (Ex.P/3) of notes was prepared by H.R.P. Choudhary, Inspector (PW.8). Thereafter, hands of Naresh Kumar Arora (PW.3) were washed by Sodium Carbonate, which turned pink. The pocket of respondent's coat washed, it turned pink. The Khasra Panchsala of village Khadeha was seized by seizure memo ( Ex.P/8).