RAJARAM SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been directed against the judgment of conviction and order of sentence dated 30-1-1999 passed by Special Judge, Gwalior convicting the appellant under Section 161 IPC as well as under Section 5(l)(d) read with Section 5(2) of Prevention of Corruption Act, 1947 (in short 'the Act') and sentencing him to suffer R.I. of one year under Section 161 IPC and fine of Rs. 200/-. He is further convicted under Section 5(1)(d) read with Section 5(2) of the Act for one year RI and fine Rs. 200/-, in default of fine, he has been further directed to suffer RI of two months.

(2.) In brief the case of prosecution is that complainant Kailash Singh Bhadoria was serving in the office of Life Insurance of the State of Madhya Pradesh. He was transferred from Gwalior to Jabalpur in the year 1983. But, his family members were residing in Gwalior in rented house. On 13-12-1986 complainant, came to Gwalior from Jabalpur and in between 17-12-1986 to 22-12-1986 he was on duty at Gwalior. On 19-12-1986, appellant came to his work place of the complainant along with Police Force and brought him to Police Station Morar where he was told that a case under Sections 506, 382 and 341 IPC has been registered against him and in case he pays some illegal gratification, he may help to get him bailed out. The complainant agreed and submitted anticipatory bail application on the assurance of the appellant. Thereafter on 24-12-1986, appellant met the complainant at Thatipur Chouraha and made a demand of Rs. 100/- from him. Since, he was not having that much of amount with him, he requested appellant that the amount would be paid in the evening at Thatipur Chouraha.

(3.) Thereafter, complainant on the same day i.e. 24-12-1986 submitted an application to the Special Police Establishment of Lokayukt that the appellant who is serving on the post of Head Constable is making an illegal demand of Rs. 100/- from him and he did not want to give this amount to him. On submitting of the said application, the Lokayukta Inspector Shri S.P. Saxena (who later on died) and Dy. S.P. Shri B.M. Bhatia arranged the trap. Necessary requirement before the trap was also completed and as per the plan the complainant gave two currency notes of Rs. 50/- each to the appellant which he kept in the pocket of his shirt. The trap party caught him red handed and washed his hands. The water became pink coloured. The pocket of the shirt which he was wearing was also washed and it also became pink coloured. Necessary Panchanama was prepared and a charge sheet was submitted before the Special Court.