KESHRAM CHAUDHARY Vs. LOKAYUKTA SPECIAL POLICE ESTABLISHMENT, BHOPAL

JUDGEMENT

(1.) The present appeal is arising out of judgment of conviction dated 26/09/2003 passed by the learned Special Judge, Shajapur in Special Case No. 1/2002.

(2.) The appellant has been convicted for an offence u/S.7 of the Prevention of Corruption Act and has been sentenced to one year RI with fine Rs.1,000/- with a default clause to undergo 3 months RI. He has been convicted for an offence u/S. 13(1)(d) and 13(2) of the Prevention of Corruption Act also and has been sentenced to one year RI with fine Rs.1000/- with a default clause to undergo 3 months imprisonment in case of non payment of fine.

(3.) Facts of the case reveal that complainant Babulal s/o Bhanwarlal, on 6/1/2002, was returning to his house and he was stopped by one Ramesh Chandra. Ramesh Chandra demanded money from Babulal to purchase liquor and consequently a fight took place. Ramesh Chandra also snatched a sum of Rs.915/- from Babulal and on 7/1/2002 the complainant Babulal went to the Police Station Mohan Barodiya, where the present appellant was posted and narrated the whole story. A report was lodged at the Police Station and the allegation is that the appellant demanded a sum of Rs.1,000/- from the complainant and told him that until and unless the amount of Rs.1000/- is paid, he will not take any action against the accused persons. The prosecution case further reveals that the complainant went back to his village and told the entire story to Sarpanch Mangilal (PW 5) and Mangilal in turn took the complainant Babulal (PW 1) to the Office of Lokayukta Establishment, Ujjain. An application for initiating action against the Station House Officer was submitted to the Loklayukta Establishment and the application was given to R. K. Shrivastava. Inspector R.L. Bacchane (PW 8) has questioned the complainant and thereafter a Tape Recorder was given to the complainant and on 16/1/2002 a trap was laid and a sum of Rs.1500/- was given to Babulal (PW 1). The currency notes given by the Lokayukta Establishment were having Phenolphthalein powder over them and he was instructed in the matter. Later on the trap party along with an independent witness reached the place ie., Jain Uphar Grih where the present appellant was available and the amount was paid to the appellant. Thereafter the procedure was followed, the hands of the present appellant were washed and the water turned pink and samples were prepared in the matter. A Spot Map was prepared by R.L. Bacchane (PW 8), the present appellant was arrested and he was charged for committing offence u/S. 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. The trial Court has considered as many as 41 documents marked as Exhibits P/1 to P/41 and has also recorded the statement of 10 witnesses PW1 to PW10. The factum of receiving the money was established and there is an independent witness Takchandra Sharma (PW 3) who has supported the prosecution case.