STATE OF MADHYA PRADESH Vs. ANIL SINHA

JUDGEMENT

(1.) The State of Madhya Pradesh through Special Police Establishment (Lok Ayukta), Ujjain has filed this appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) against the judgment of acquittal dtd. 1/2/1999 passed by the learned First Additional Sessions &Special Judge (under Prevention of Corruption Act, 1988) Ujjain, District Ujjain (MP) in Special Sessions Trial No.04/1998, whereby the respondent herein has been acquitted from charges of corruption punishable under Sec. 7 and Sec. 13 (1) (d) read with Sec. 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act).

(2.) As per the prosecution story from 6/8/1997 to 11/8/1997, the respondent was posted as an Assistant Surgeon and Medical Officer, Orthopedics Department in District Hospital, Ujjain, District Ujjain (MP). On 6/8/1997, Gopal S/o Babulal (PW-1) suffered a fracture in the bone of his left hand in the Indore city. After sustaining the facture, Gopal went to Ujjain to meet his brother Krishnakant (PW-8). Thereafter, he (Krishnakant) was not in the house, he met her neighbour Sunita Prajapat W/o M.L. Prajapat (PW-3), and by evening Krishnakant also returned. The next day, the husband of Sunita and Krishnakant took Gopal to a Private Doctor. Later onthe advice of the husband of Sunita, Gopal was admitted to District Hospital, Ujjain, where, he was examined by Dr Anil Sinha (the respondent herein) who advised ortho surgery. On behalf of Gopal, Krishnakant (PW-8) entered intoa conversation with the respondent about the expenditure to be incurred in the surgery. The respondent called Krishnakant in his Clinic and gave prescription Ex.P/13 and Ex.P/14 and demanded Rs.3,000.00 (rupees three thousand) as Fees for the purpose of surgery; and applied temporary plaster on the fractured hand. At that time, Krishnakant was having only Rs.700.00 (rupees seven hundred) and he borrowed Rs.1,300.00(rupees one thousand three hundred) from Sunita by executing a receipt note Ex.P/10. Krishnakant made a written complaint Ex. P/2 to the Lok Ayukta Police alleging that the respondent is demanding illegal gratification for surgerywhich is supposed to be free in the Government Hospital and he wanted to catch him red-handed.

(3.) Krishnakant was given a Voice Recorder and sent along with Shivkumar Constable to record the conversation with Dr Anil Sinha. He recorded the conversation with the respondent and handed over it to the Office of Lok Ayukta. Thereafter, a trap was organized. Krishnakant was given 20 (twenty) Indian currency notes in the denomination of Rs.100.00 on which chemical powder was applied.