RAJKUMAR JAISWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 16.10.2007 passed by the Special Judge, Damoh in Special Case No.4/2004, convicting and sentencing appellant Rajkumar Jaiswal under Section 7 of the Prevention of Corruption Act to undergo six months' R.I. with a fine of Rs.500/-, under Section 13(1)(d)(ii) read with 13(2) of the Prevention of Corruption Act to undergo two years' R.I. with a fine of Rs.1000/-, under Section 420 of the I.P.C. to undergo two years' R.I. with a fine of Rs.1000/- and under Section 388 of the I.P.C. to undergo two years' R.I. with a fine of Rs.1000/- with default stipulation and a direction to run all the jail sentences concurrently.

(2.) Admittedly appellant Rajkumar at the relevant time was appointed and working from 29.07.2002 as Deputy Superintendent of Police in Scheduled Caste Welfare Cell, Damoh and on the date 13.5.2003, the appellant had gone into the chamber of complainant Dr.Peetamber Budhwani's Vidya Hospital, Damoh. Admittedly at the relevant time, the appellant was investigating the crime no.240/2003 of above mentioned Cell relating to offences of gang rape and offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(3.) As per case of the prosecution, on 12.5.2003, complainant Dr.Peetamber Budhwani submitted a written application in the office of Special Superintendent of Police, Lokayukt Office, Sagar stating that at Damoh, he is conducting Vidya Hospital and in the night of 11.5.2003 on his mobile phone no.9425095570, a call was received from the appellant's mobile no.9425095985 and the appellant intimated him that a sex scandal has been exposed at Damoh, in whose enquiry complainant's name is coming. The complainant denied his involvement in sex scandal. Then the appellant intimated him that the victim girl is disclosing the complainant's name and if his identification parade would be held and media would be intimated, then his image would be damaged. The complainant asked the appellant not to do that, then the appellant demanded Rs.1,00,000/- as bribe and asked complainant to come in next morning at his home. In next morning of 12.05.2003 when complainant did not go to appellant's residence, then appellant talked to him twice through mobile phone and demanded money. In written application, it was mentioned that the complainant is not guilty, the appellant is unnecessarily demanding bribe from him, which the complainant is not desirous to give, but he wants that legal proceedings be initiated. In Sagar's above mentioned office, a small tape-recorder, micro cassette and phone taping apparatus were provided to complainant for recording his conversation with the appellant regarding demand of bribe. On 13.5.2003 at about 11 a.m. in his Vidya hospital, Damoh, second application (Ex.P.5) was submitted by the complainant to Inspector Devvrat Mishra, in which it was mentioned that he has recorded telephonic conversation between complainant and appellant in provided micro-cassette and tape-recorder and that call was made by complainant by his hospital's landline phone no.(0781) 222870 to appellant's mobile and in the conversation with the appellant, complainant expressed his inability in giving Rs.1,00,000/-, then the appellant was agreed to receive Rs.25,000/- as bribe and the appellant would come to his Vidya hospital after 6 p.m. to receive the amount of bribe. Then a transcription of recorded conversation between complainant and the appellant was prepared by Inspector Devvrat Mishra (P.W.9) in presence of panch witnesses P.R.Rathore (P.W.6), Assistant Engineer and Raghunath Prasad Parashar (P.W.11), Sub-Engineer of trap party. Dehati nalishi report was also recorded, which was later on sent to the Special Police Establishment, Lokayukt, Bhopal for original registration of crime. The complainant submitted Rs.25,000/- in denomination of Rs.500/- and Rs.1000/- notes and the numbers of notes were recorded in preliminary panchnama. The currency notes were treated with phenolphthalein powder. The members of trap party remained hidden in a nearby room of complainant's hospital. In the evening on 13.5.2003, appellant after giving prior intimation through his mobile reached to complainant's hospital and entered into his chamber, then after receiving the bribe amount by the appellant from complainant and hearing the preplanned indication of ringing of bell, the members of trap party entered into the chamber of complainant, where introduction of members of trap party was given to the appellant and a solution of sodium carbonate was prepared, in which on dipping the fingers of N.K.Parihar (P.W.7), colour of the solution did not change. But when in the remaining half portion of the solution, fingers of both of the hands of appellant were dipped, then the colour of solution changed to pink. This changed colour solution was sealed in a clear bottle. Thereafter, the appellant was searched by panch witness Raghunath Prasad Parashar (P.W.11) , then from back pocket of the appellant's full-pant, currency notes of Rs.25,000/- were recovered and the numbers of the recovered notes were tallied with the numbers previously recorded numbers in the preliminary panchnama. After removal of appellant's worn full-pant, on dipping of its back pocket in solution of sodium carbonate, then its colour changed to pink, which was also sealed in a separate clear bottle and a seizure memo of full-pant of appellant was prepared, thereafter the fingers of panch witness Raghunath Prasad Parashar (P.W.11) who had counted the recovered notes were dipped in sodium carbonate's solution, then its colour changed to pink, which was also sealed in a separate glass bottle. The appellant was arrested and arrest memo was prepared and appellant's wife was intimated about his arrest. Thereafter, on the same day from the residence of appellant, the relating case diary of crime no.240/2003 was recovered and seizure memo relating to it was prepared by N.K.Parihar (P.W.7). During investigation, call details of above mentioned appellant's mobile number and complainant's mobile number and his hospital's landline phone number were obtained from the relating telecom authority. Sanction for prosecution of appellant was obtained from the Secretary of Law Department, Bhopal. After completing the investigation, chargesheet was filed in the Court of Special Judge, Damoh.