VISHESHWAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this Criminal Appeal, the appellant has challenged his conviction under section 161 of the Indian Penal Code as also under section 5(2) of the Prevention of Corruption Act, for which he has been sentenced to undergo rigorous imprisonment for a period of one year on each count by the Special Judge (Second Additional Sessions Judge) Rewa, in Special Criminal Case No.2 of 1979.

(2.) It is an admitted fact that the appellant Visheshwar Singh was working as a Reader in the Court of Sub-Divisional Magistrate, Rewa since 1976 and was entrusted with the duties to deal with records of criminal cases of that court. It was one of his duties to examine and check up the bail bone papers filed in criminal cases and than after the necessary compliance put up the same before the Presiding Officer of the Court. It has also not been disputed that one Ramlal Patwari had filed a complaint under section 107/117 of the Code of Criminal Procedure against the complainant Chandramani Prasad Mishra (P.W.T.) and 18 others which was pending in the Court of Sub- Divisional Magistrate Husar, and 30th November, 1977 was fixed for appearance of the 19 non- applicants out of which only nine persons including the complainant Chandramani (P. W. 1) had appeared and submitted their bail bond papers to the appellant whose table and chair were situated just adjacent to the dias of the Court of Sub Divisional Magistrate. It is also an admitted fact that on 30 November, 1977 at about 3.00 p.m Shri Ganga Prasad Dubey (P.W.6) Dy.S.P. Vigilance Department and the Inspector Shrivastava and some other persons of that Department went to the Court of Sub-Divisional ,Magistrate and commanded the appellant to take out the currency notes which were alleged to have been given to him by Chandramani (P.W. 1) but the appellant replied that he had not taken money from Chandramani. Thereafter Inspector Shrivastava caught hold both the hands of the appellant by his wrist and the fingers of both the hands of the appellant were dipped in the glass full of water Shri Gangaprasad Dubey (P.W.6) then again commended the appellant to take out the currency notes but the appellant again repeated to Same reply that he not taken any more from Chandramani. The Pyjama of the appellant was taken off and the left pocket thereof was dipped into the water mixed with sodium carbonate.

(3.) The prosecution case was that on 30th November, 1977 complainant Chandramani (P.W.1) and 8 others who had attended the Court that day in Criminal Case No. 303/77 in proceedings under section 107/ 117 of the Code of Criminal Procedure had submitted their bail bond papers by about 12 in the noon to the appellant who was the Reader of the Court and thereafter the complainant Chandramani had approached the appellant and requested him to complete the formalities of their bail bond papers so that they may return to their village soon. Thereupon the appellant told Chandramani (P.W.I) that necessary work would be done only when he and all the other 8 members of his party paid him Rs. 51- each. But as Chandramani was not prepared to pay the said bribe, he, therefore, came out of the Court room and took Gangaprasad (P.W.2) who had also come that day to the Court along with Chandrarnllni and others and proceeded to the Vigilance Office where he told about the incident to the Dy.S.P. Shri Gangaprasad Dubey (p.W.6) and made a written complaint (Ex.P.2) to him. Shri Dubey (P.W.6) then called Shri Shriram Shrivatava, Accounts Officer (P.W.7) of the Office of Vigilance Commissioner and handed over the complaint (Ex.P.2) to him. Thereafter the complainant Chandramani Prasad (P.W.1) took out one two rupees currency note and 3 notes of Rs.1/- each (total Rs. 5/-) and paid the same to Shri Ganga Prasad (P.W. 6). Peon, Naresh Kumar was required to apply Phenolpathalein powder in the said currency notes and kept them in the right front pocket of the pant of Chandramani. Then Chandramani (P.W. 1) was asked to go and offer the said money to the appellants with -the instructions to give a signal to Ganga Prasad (P.W.2) after the same were handed over to the appellant and Gangaprasad (P.W.2) was instructed to given onwards signal to trap party. For this plan a panchnama (Ex,P.3) was recorded in the Vigilance Department itself.