SUSHIL KUMAR JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has filed this appeal challenging the judgment dated 31-10-1996, passed by Special Judge, Khandwa, in Special Criminal Case No. 2 of 1995 convicting the appellant for the offence under Section 7 and Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act and sentencing him to rigorous imprisonment for six months with fine of Rs. 500/- and rigorous imprisonment for one year with fine of Rs. 1,000/- on each count respectively. Sentences directed to run concurrently.

(2.) SUCCINCTLY put the prosecution story is that at the relevant time (year 1988), appellant was posted as Divisional Accountant in Public Works Department, Sub Division, Khandwa. Complainant Karamat Khan, Contractor, had submitted his quotation in the Sub Division Office for collection of metal and murum around one and half month before 17-10-1988. Since the quotation of Karamat Khan was lowest, it was recommended from Sub Division Office. In Divisions Office, Khandwa, his quotation was remained lying with the appellant for about a month. When Karamat Khan contacted accused, he demanded Rs. 600/- as illegal gratification for forwarding the aforesaid quotation. Karamat Khan did not like to pay so much amount to accused, therefore, he negotiated with him and struck a deal for Rs. 300/ -. He settled that the amount shall be paid to accused on 17-10-1988. As he did not wish to give the aforesaid bribe, he talked to Dy. Superintendent of Police, Mr. Chauhan, posted in Lokayukt Office, Indore. Karamat Khan submitted a written report (Ex. P-l) to Dy. Superintendent of Police complaining about the demand of illegal gratification by him. Police officials of Lokayukt Department came to Khandwa and requisitioned the services of Executive Magistrate Mr. Shishupal Singh for assisting them in the trap. A demonstration was carried out, currency notes of Rs. 300/- were obtained from the complainant and were treated with phenolphthalein powder and handed over back to him. He was instructed to hand over the currency notes to accused by way of bribe. Numbers of the currency notes were noted. A preliminary Panchnama (Ex. P-2) was prepared. Complainant went to PWD Office, where the accused was posted and handed over money to him, which he kept in the back pocket of his pants. On the signal given by complainant, trap party went at the office. Two Constables caught hold of the hands of accused. His hands were then washed in sodium carbonate solution whereby the colour of the solution turned pink. Sub Divisional Magistrate Shishupal Singh (P. W. 5) recovered currency notes from the pocket of his pants. Pocket of the pants was washed with the solution of sodium carbonate. Number of notes tallied with the numbers noted in the preliminary panchnama. Currency notes were seized and a trap memo (Ex. P-8) was prepared. Documents about concerned quotation were seized from the office. Dehati Nalishi (Ex. P-7) of the occurrence was sent to S. P. E. Office, Bhopal, whereupon First Information Report (Ex. P-28) was registered. After obtaining the sanction for prosecution from the Accountant General of Madhya Pradesh, charge-sheet against accused was put up before the Court.

(3.) DURING trial accused pleaded that he was falsely implicated under the pressure of higher officers and that the tainted money was thrusted in his pocket forcibly as a result of which his pocket had got torn.