GOPAL SHIVHARE Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 of Cr.P.C. has been filed against the Judgment and Sentence dtd. 18/7/2018 passed by Special Judge, S.P.E. (Lokayukt), Bhopal in Special Case No. SC LOK 26/2015, by which the appellant has been convicted and sentenced for the following offences :

(2.) According to the prosecution case, the Appellant was working as Public Relation Officer, M.P. Tourism Department, Hotel Palash, Bhopal. The Appellant was presenting officer in a departmental enquiry, which was pending against the complainant Praveen Dubey, and co-accused T.R. Tank was the Enquiry Officer. The Appellant demanded an amount of Rs.1.00 lac to drop the departmental enquiry from the complainant for himself as well as on behalf of co-accused T.R. Tank. The complainant Praveen made a complaint to the S.P.E. (Lokayukt) about the demand of illegal gratification and accordingly after verifying the correctness of the allegations made in the complaint, trap was laid by the S.P.E. (Lokayukt) and the Appellant was caught red handed and ill-gotten amount of Rs.25,000.00 was also seized from the possession of the Appellant.

(3.) The prosecution after obtaining sanction for prosecution, filed a charge sheet against the Appellant under Ss. 7, 12, 13(1)(d) read with Sec. 13(2) of Prevention of Corruption Act and also filed a charge sheet against the co-accused T.R. Tank for offence under Ss. 7, 12, 13(1)(d) read with Sec. 13(2) of Prevention of Corruption Act and under Sec. 120-B of IPC.