JUGAL KISHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374(2) of the Code Criminal Procedure feeling aggrieved by the impugned judgment of conviction and order of sentence dated 31.10.1996 passed by the Special Judge (under P.C. Act), Ujjain in Special Sessions Trial No. 7/1993 whereby appellant/ accused has been found guilty under Sections 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act, for brevity) and has been sentenced to 6 months' simple imprisonment with fine of Rs. 500.00 and 1 year simple imprisonment with fine of Rs. 1,000.00 respectively.

(2.) Briefly stated facts of the case are that the appellant/accused was posted as Village Patwari of village Tarana. It is alleged that complainant Amar Singh s/o Gulab wanted the mutation in the Khasra record in place of deceased. Surajbai. For this, he contacted Village Patwari, appellant/accused Jugal Kishore then it is alleged that appellant/ accused demanded Rs. 200.00 as illegal gratification for the aforesaid mutation in the Kharsa record. Complainant Amar Singh on the same day paid Rs. 25.00 to the appellant/ accused and prayed for some time for payment of the remaining amount of Rs. 175.00 on 6.1.1988. Thereafter he contacted Deputy Superintendent of Police Lok Ayukta, Ujjain and made a complaint in writing with regard to the aforesaid illegal demand of bribe money by the appellant/ accused, then concerning Deputy Superintendent of Police Lok Ayukta, Dharamveer Malhotra make the necessary preparation spread phenolphthalein powder on the currency notes, prepared the Panchnama and then handed over the currency notes of Rs. 175.00 to the complainant for its payment to the'accused and reached at Tarana. There complainant Amar Singh handed over currency notes of Rs. 175.00 to the appellant/ accused and then made a signal to the raid party then Head Constable Aminuddin and Mahadev Rane caught hands of the accused, washed his hands with the water containing sodium carbonate. Water colour turned into pink. This has been preserved and kept in a glass bottle. Thereafter they recovered bribe money of Rs. 175.00 from the possession of the appellant/accused, necessary Panchnama has been prepared, returned back to the office, registered a case under the Act against the appellant/accused, sent the coloured water for chemical examination to FSL. After obtaining the prosecution sanction from the Government, filed charge-sheet against the appellant/ accused before the Special Judge (under P.C. Act), Ujjain. Appellant/ accused abjured the guilt and his defence is of false implication in the case by the complainant. Learned Trial Court, after due appreciation of the entire prosecution evidence on record, held the appellant/ accused guilty under Sections 7 and 13(1)(d)/13(2) of the Act and sentenced him as stated herein above. Feeling aggrieved by which, the appellant/ accused has preferred this appeal.

(3.) I have heard the learned Counsel for the appellant as well as the learned Panel Lawyer appearing on behalf the State and perused the record.