RAJESH KHATIK Vs. SPECIAL POLICE ESTABLISHMENT LOKAYUKT

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment dated 29.11.2014 passed by Special Sessions Judge (Prevention of Corruption Act), Dewas in Special S.T.No.7/2013, whereby the learned Judge has convicted the appellant under Section 7 of Prevention of Corruption Act and sentenced him to undergo three years RI with fine of Rs.2,000/- and under Section 13(2) of Prevention of Corruption Act and sentenced him to undergo three years RI with fine of Rs.2,000/- with default clause.

(2.) Brief facts are that on 10.5.2013 at about 11.00 AM complainant Hukum Patidar (PW3) gave a written complaint to the then SP, Lokayukt, Ujjain to the effect that his Eicher truck bearing registration No.MP-41- GA-0447 turned upside down at Dewas bus stand and on the basis of the same a case was registered at P.S.Kotwali, Dewas and in order to take the custody of the same, an application was filed by the complainant in the Court. In order to produce the case diary in the Court appellant demanded Rs.5,000/- as bribe. The complainant did not want to give bribe on the contrary he wanted appellant to be caught redhanded while accepting the bribe. On that complaint SP, Lokayukt verified the fact of allegation of the complainant, a conversation, which took place between the complainant and the appellant was recorded. The memory card on which the alleged conversation was recorded was kept by the Investigating Officer with him. Thereafter, the transcript of the alleged conversation was made, the same was read out to the witnesses and then it was signed by the concerning witnesses. Then, the Investigating Officer informed the SP, Lokayukta about the genuineness of the complaint and on the basis of the same, a letter was written to the Addl.Collector, Ujjain to send two independent witnesses i.e.Dr.Ravindra Bharadwaj and Dr.Pradeep Lakhre(PW2) were sent. The said witnesses were introduced to the complainant. The contents of the complaint were read out to the complainant and the same were accepted by him. Then the contents of the memory card were played, in which the voice of the complainant and appellant was identified by the complainant. Three CDs of conversation as recorded in the memory card were also made. On the FIR Crime No.20/2013 for an offence under Section 7 of Prevention of Corruption Act was registered and for further registration it was sent to Bhopal. At Bhopal Crime No.122/2013 for an offences under Section 7 of Prevention of Corruption Act was registered. Then Inspector Basant Shrivastava asked the complainant to produce the currency notes which he intends to give as bribe and on the basis of that two notes of Rs.1,000/- each and six notes of Rs.500/- each were produced. Serial numbers of the currency notes were recorded and print-out of the same was also taken out. Thereafter, at the direction of Basant Shrivastava phenolphthalein powder was applied on the said currency notes by Constable Shriram Maske. A search of clothes of complainant was made and it was made sure that except bribe amount nothing remains in the possession of the complainant. Then, powder treated notes were kept in the left pocket of the shirt of the complainant by Shriram Maske. Complainant was explained by Basant Shrivastava that he should not touch the treated notes before handing over the appellant and the same should be given only when it is demanded by the appellant. He should also see as to where the treated notes are kept by the appellant. Complainant should also not shake his hand after parting with the bribe amount. A signal should also be made by him that he has handed over the amount.

(3.) Thereafter, complainant was explained about the procedure of phenolphthalein powder. Formalities of applying the powder and solution turning pink was followed. Necessary samples were also seized. Then, a trap party was formed and left for the spot at 14.30 and reached at 15.30. Complainant was sent to P.S., Kotwali, Dewas and was explained as to what is to be done by him, Constable who were supposed to catch hold the hands of the appellant were also asked to follow the complainant and as to where they have to stand. After some time complainant came and informed that appellant is not present in the Police Station. Then, complainant gave a call to the appellant on his mobile and complainant was asked to come and wait at Nema Kulfi. After waiting for sometime appellant came at Nema Kulfi, complainant and appellant had some conversation and then after sometime complainant came out and gave the signal as explained. After receiving the necessary signal, trap party went inside and appellant was introduced with the raiding party.