SURYAKANT SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant preferred this appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 30.12.2006 passed by Special Judge (Prevention of Corruption Act) (in short 'Act'), Bhopal in Special Case No.1/2005 whereby he had been convicted and sentenced with the direction to run both the sentences concurrently as under:-

(2.) Brief facts of the case are that complainant Jitendra Sadana (PW.2) was running a Grocery Shop at Subhash Nagar. On 15.5.2004, the officers of the MPEB alongwith appellant Suryakant Sharma visited his shop, noticed the illegal use of electric supply, made a case and accordingly imposed fine of Rs.10,788/- against Jitendra Sadana (PW.2). The officers of MPEB seized fridge, cooler and portable television from his shop. It is alleged that for settlement of the fine amount and for return of the seized articles, appellant demanded Rs.15,000/- as illegal gratification from complainant Jitendra Sadana. The complainant filed a written complaint (Ex.P/5) in the office of Special Police Establishment (SPE) on 27.5.2004. The SPE had given Mini Tape Recorder with Cassette to the complainant for recording his conversation with the appellant. The complainant recorded the conversation of appellant on 31.5.2004 in his office and on 1.6.2004 returned the Tape Recorder alongwith Cassette to the SPE, Lokayukt. After listening the recorded conversation, K.M.Solanki (PW.11) made a Transcript Panchnama (Ex.P/6) and prepared Seizure Memo of Cassette (Ex.P/7) and also recorded the First Information Report (Ex.P/16) in presence of two public servants namely B.B.Saxena (PW.3) and P.K.Shrivastava (PW.4). K.S.Solanki (PW.11) read the complaint before the complainant and after verifying the facts of the complaint, took currency notes of different denominations totaling Rs.3000/- from the complainant. Constable Tirkey applied phenolphthalein powder on the currency notes. Another constable Omkar Singh made search of the person of complainant and kept Rs.10,788/- alongwith electricity bill in right side pocket of his trouser whereas the amount of illegal gratification of Rs.3,000/- was placed on his left pocket with a specific instruction to shake hands with the appellant prior or after payment of the illegal gratification. He instructed the complainant that after the payment, he would give an indication by scraping his head. Thereafter, hands of Constable Tirkey were washed by Sodium Carbonate, which turned pink. After all these proceedings, complainant was given a Mini Tape Recorder and an empty Cassette for recording his conversation with appellant at the time of transaction of illegal gratification. Exhibit P/8 is Panchnama of the entire preliminary proceedings.

(3.) On 1.6.2004 at about 12 O'clock, the trap party reached the office of appellant. Complainant entered the office of appellant where he came to know that appellant is not there. The trap party waited for appellant outside his office and at 3:30 pm appellant returned to his office. After sometime, the complainant gave the signal whereupon the trap party rushed in the office of appellant. The trap party washed their hands with Sodium Carbonate. P.K.Shrivastava (PW.4) counted the currency notes placed on the table of appellant under a red colour diary which were seized vide Ex.P/19. Fingers of complainant were washed which turned pink. The red diary and other papers concerning illegal use of electric supply were seized vide Ex.P/21. Thereafter, the cassette was played in presence of witnesses. Transcript Panchnama (Ex.P/10) was prepared. Seizure Memo of cassette was also prepared (Ex.P/11). After due sanction from the office of MPEB, Challan was filed against the appellant.