RAM KRISHNA VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In a case of trap, a charge-sheet was submitted against the appellant on the basis whereof, a Special Case No. 7 of 1984 for commission of offence under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the Act) and Section 161. I.P.C. was registered for taking bribe of Rs. 50/- from the complainant Vijay Kumar on 28-4-82 wherein the appellant vide judgment and order dated 9-4-86, was convicted and sentenced to one year's R.I. together with fine of Rs. 1,000/- and in default of payment of fine, the appellant was required to undergo 3 months' R.I.

(2.) The prosecution case in brief is that one Vijay Kumar, the complainant, who was the student, pursued his studies for B.Com. Part II Examination in the T.R.S. College, Rewa (for brevity, hereinafter referred to as the College), having passed B.Com. Part 1 Examination from Shahdol. He claimed for facility of Scholarship wherefor he was entitled as he was the ward of the deceased Government servant and to the wards of the deceased Government servants, the scholarship was payable and apart from this, such scholarship was paid to him when he was at Shahdol, studying in B.Com Part I. He submitted his application for scholarship to the appellant who was said to be the Dealing Clerk in the College but despite persuasion, the complainant did not receive any favourable response as a result whereof, he approached the Principal of the College from whom also, no satisfactory response was received by him. He thereafter on 27-4-82, contacted the appellant for pushing through his application for grant of scholarship wherefore he demanded a sum of Rs. 100/- but the bargain was settled at Rs. 75/-, out of which Rs. 50/- was to be paid immediately and the balance of the amount was to be paid on sanction of the scholarship. On getting offended, the complainant Vijay Kumar approached the Collector, Rewa, who directed for legal action in the matter through local Vigilance authorities whereupon, Vijay Kumar on 28-4-84, along with his friend Santosh Kumar, approached the Vigilance Officer and deposited with him a sum of Rs. 50/- currency notes, who, completing the necessary formalities in the presence of Ajay Shatru, a Deputy Collector and one Moreshwar Vyas, (PW 1), proceeded in party to T.R.S. College where Vijay Kumar and the accused visited the College canteen and while the accused was coming out of the canteen, the currency notes, on demand being made by him, were handed over to him by Vijay Kumar who released the signal to the trap party whereat Moreshwar Vyas and the Vigilance Officer Mr. R. N. Singh rushed and caught the accused red-handed and search being made, currency notes, which were put into his pocket, were recovered and the phenolphthalein powder test was found in positive.

(3.) On obtaining the requisite sanction as required under the law (Ex. P-19), the accused faced the trial for the charges levelled against him. On the basis of the report written by R. N. Singh, Inspector Vigilance Police Special, Rewa registered a Crime No. 0 of 82, on 28-4-82, at 1700 hrs. which is Ex. P-25. On the basis of the said report, which was sent to the Vigilance Police Special, Bhopal, Criminal Case No. 42/82 was registered on 28-5-82 at 5 p.m. at Vigilance Police Special, Bhopal Police Station for offences under Section 161, I.P.C. and u/s. 5(1)(d) r/w 5(2) of the Act (Ex. P-26).