SURENDRA PRASAD DWIVEDI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 13.11.1987 passed by the Special Judge trying the cases under the Prevention of Corruption Act at Rewa in Special Case No. 9/84. The appellant was convicted under Section 161 of the Indian Penal Code and was sentenced to one year's R.I. He was further convicted under Section 5 (2) of the prevention of Corruption Act, 1947 (henceforth the Act) to undergo a sentence of one year R.I. and a fine of Rs. 100/ - (Rupees One Hundred) or in default, a further sentence of one month's R.I. The sentences imposed upon the appellant have been directed to run concurrently.

(2.) IT is not necessary to give facts in any detail for the purpose of decision of this case. Briefly stated the facts of this case are that the appellant was working as a Gram Sewak at Village Mahaganwa, Block Rewa. He was serving under the then Block Development Officer Virendra Singh, PW -5. The case of the prosecution was that according to Rural Development Scheme, the State Government decided to grant loan to the persons living below poverty line. The appellant was entrusted with the job of finding out the families in the village living below the poverty line for getting the loan sanctioned from the Bank. Persons needing the loan used to present filled up application forms for this purpose. After getting them duly verified from the Sarpanch of the Gram Panchayat, the beneficiaries of the Scheme were required to get it verified from the appellant. After his verification, the application was forwarded to the Block Development Officer who would sanction the loan. Then only the Bank would give the loan to the benficiaries. It was claimed that the complainant Subhai Kol was one of the applicants who wanted the loan for the purpose of purchasing she -goats. The appellant demanded Rs. 25/ - (Rupees Twenty Five) by way of bribe from the complainant Subhai Kol.

(3.) ON 16.3.1982, the appellant was at that time found at Block Officer of Rewa. The complainant and the trap witness Mohan proceeded towards the appellant. Thereafter, the complainant Subhai Kol went to the appellant and Mohan stood at some distance so that he could hear talk. Thereafter, when the appellant took Rs. 25/ - (Rupees Twenty Five) and kept them in his pocket, Subhai Kol gave the sign to trap party. The appellant was caught. Rs. 25/ -(Rupees Twenty Five) were taken out from his pocket, the Sodium Carbonate Solution become red when it was applied to the hands and pocket of the appellant. Similarly, his pocket also became red and so also the notes. After preserving the solution in each case in different bottles, the prosecution made the necessary investigation and filed the challan.