STATE OF MADHYA PRADESH Vs. ANIL KUMAR VERMA

JUDGEMENT

(1.) Appellant-State has preferred this appeal aggrieved by the impugned judgment dated 1-5-2000 passed by Special Judge, Morena (Prevention of Corruption Act, 1988) in Special Case No. 1/97, whereby the respondent-Anil Kumar Verma has been acquitted of charges under Sections 7 and 13(l)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "Act").

(2.) Admitted facts are that on 22-5-1996 respondent-Anil Kumar Verma was posted as Dy. Registrar in Co-operative Societies, Morena and was serving as a public servant. Complainant Siyaram Rathore was Accountant in the said Co-operative Societies. On 1-11-1995 the son of complainant Tulsiram was appointed on the post of peon as daily wages employee in the Co-operative Societies, Morena by M. K. Dixit, Assistant Registrar and Officer- in-charge of the Co-operative Societies. In December, 1995 respondent-Anil Kumar Verma came on transfer as Dy. Registrar in Morena office.

(3.) Prosecution case in short is that respondent-Anil Kumar Verma told complainant Siyaram Rathore that the service of his son Tulsiram is not approved by him and if complainant does not give Rs. 10,000/- (Rupees ten thousand) as bribe to respondent then respondent shall remove the son of complainant-Siyaram Rathore from service. Complainant agreed to pay Rs. 5000/- (Rupees five thousand) to respondent as bribe. On 20-5-1996 complainant-Siyaram Rathore (P.W. 4) went to Lokayukt Office (Anti-Corruption Bureau), Gwalior and submitted a written complaint Ex. P/13. Superintendent of Police (Lokayukt) Gwalior took down the note sheet Ex. P/22 and directed Inspector Rajendra Singh Ghuraiya (P.W. 7) to take further action. A tape recorder along with cassette has been handed over to complainant as per Panchnama Ex. P/14 and directed to the complainant to tape conversation of his and respondent regarding demand of bribe. The complainant taped conversation in the tape recorder and handed over it to Lokayukt office on 21-5-1996 and a Panchnama Ex. P/15 has been prepared. A transcript thereof Ex. P/23 has been prepared on the basis of recorded cassette.