K SUNDER RAJ Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has preferred this appeal against the judgment dated 6-10-1990 passed by the Special Judge, Jabalpur, in Special Case No. 16 of 1984, convicting the appellant under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act and Section 161 of the IPC and sentencing him to rigorous imprisonment for two years with fine of Rs. 1,000/- on each count respectively.

(2.) ACCORDING to prosecution case, appellant was working as public servant on the post of Senior Clerk in Bill Department of Senior Divisional Personnel Office, South East Railway, Bilaspur, in the year 1984. Complainant Sukhchand (P. W. 2) was working as Fitter Grade-III at Karanji Railway Station. Sukhchand submitted an application for commutation of his leave during the period between 25-10-1981 to 19-6-1983. Because of his absence due to his illness he did not receive his wages, therefore, he moved the aforesaid application for grant of commuted leave and wages for the aforesaid period. On such application, appellant prepared the bill for Rs. 2032. 90 and referred it for consideration to higher officers.

(3.) IT is alleged that after about 1 and 1/2 month of filing the said application Sukhchand contacted the appellant, who demanded Rs. 200/- as illegal gratification for getting his bill passed. Sukhchand informed D. R. Tadaiya (P. W. 5) a Senior Clerk in the Loco Officer about the said demand. On 8-4-1984, Sukhchand and D. R. Tadaiya met the appellant in his office where he again made demand of Rs. 200/ -. On 11-4-1984, again complainant met appellant and expressed his inability to pay the amount of Rs. 200/- whereupon appellant agreed to accept Rs. 100/- at that time and remaining amount after some time. As complainant did not want to give bribe, he alongwith D. R. Tadaiya went to Lokayukt Office, Bilaspur and submitted a written complaint (Ex. P-17) to Assistant Development Commissioner. Assistant Development Commissioner referred the complaint to M. K. Hiradhar (P. W. 9), Inspector Lokayukt for necessary action. Inspector Hiradhar requested Commissioner to send two officers for assisting in the trap. Dy. Collector Smt. Rajni Uike and Naib Tehsildar Edward William (P. W. 4) went to Lokayukt Office. Inspector Hiradhar introduced Sukhchand and D. R. Tadaiya to aforesaid witnesses. Sukhchand admitted before them of having submitted the complaint (Ex. P-17 ). Inspector Hiradhar then conducted a demonstration about the use of phenolphthalein powder and solution of Sodium Carbonate before them and obtained a 100/- rupee note from Sukhchand. After noting down the number of aforesaid currency note he rubbed the note with phenolphthalein powder and kept the same in the pocket of Sukhchand asking him to hand it over to accused/appellant and cautioning him not to touch before delivering it to him and further to give a signal to the trap party after giving the bribe amount to the accused. He prepared primary panchnama (Ex. P-18) about the aforesaid proceeding.