SURESH KUMAR SHRIVASTAVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Accused Suresh Kumar Shrivastava has in this appeal challenged his conviction under S. 161, I.P.C. and S. 5(1)(d) read with S.5(2) of the Prevention of Corruption Act, 1947 and sentence of l2 months R.I. and fine of Rs. 100/-, in default to further R.I. for one month under the first count and R.I. for 48 months and fine of Rs. 100/-, in default of further R.I. for one month under the second count, imposed on him by the judgment dated 26-4-1989 of Special Judge, Vidisha.

(2.) One Pahalwansingh (P. W, 3) had been sanctioned a loan for digging of well and purchase of a pump by District Co-operative Land Development Bank, Shamshabad. He was to receive that loan in instalments. Having already received four instalments, he was to receive the last instalment of Rs. 1500/-. On 19-6-1985, he went to the office of the Bank at Shamshabad and met accused Suresh Kumar Shrivastava, who was manager of the Bank at that time.

(3.) The prosecuting story was that for payment of the last instalment of Rs. 1500/- accused Suresh Kumar Shrivastava demanded bribe of Rs.200/- from Pahalwansingh. Pahalwan Singh then approached Lokayukta Office, Bhopal and made a written complaint, Ex. P-13, to Shri K. P. Sharma (P. W. 7), Dy. S. P. of that Office, on 18-6-1985, complaining that the accused was demanding Rs. 200 /- as illegal gratification from him for paying last instalment of Rs. I500/- and that he wanted the accused to be trapped. Pahalwansingh offered two currency notes of Rs. 100/- each to Shri K. P. Sharma to trap the accused. Those currency notes were treated with phenolphthalein power and kept in the hip-pocket of Pahalwansingh's full-pant worn by him. On 19-6-1985, the trap party reached Shamshabad from Bhopal. On way, a Gazetted Officer named Shri L. N. Soni, Tehsildar Berasia (P.W. 2) was associated with the trap party. On reaching Shamshabad, Pahalwansingh went to the office of the accused at about 11.45 a.m. and gave him currency notes of Rs. 200/- by way of illegal gratification, which the accused accepted and kept in the pocket of his full-pant. Upon signal being given by Pahalwansingh, the trap party rushed to the accused and currency notes of Rs. 200/- were recovered from the possessions of the accused. The hands of the accused were got washed in sodium carbonate solution which turned pink, indicating that the accused had handled those notes. The pocket of the full pant of the accused, when dipped in sodium carbonate solution, turned pink. On these facts, accused was convicted and sentenced in the manner already indicated.