HARISHANKAR VAJPAI Vs. STATE OF M P

JUDGEMENT

(1.) The appellant/accused has directed this appeal against the judgment and order of sentence dated 31.1.1996 passed by Special Judge and Additional Sessions Judge Mandleshwar in SpI. Criminal Case No. 1/95 thereby convicting the appellant for the offence punishment under Section 7 of the Prevention of Corruption Act, 1988 (for short, Tthe ActT) and sentencing him for 6 months rigorous imprisonment and fine of Rs. 500j.c: in default of payment of fine, further imprisonment for 15 days.

(2.) Briefly stated the case of the prosecution is that on 20th December, 1988, the, accused/appellant was posted as SO at PS Karhi, District West Nimar, Khargone. On the aforesaid date, on the report of one Laxmisingh, crime No. 222/88 was registered against the complainant Omprakash (PW 1) and his father Dharamvir, at PS Karhi for the charge punishable under Sections 341, 294/34, IPC. It is stated that Omprakash (PW 1) and his father were called at PS Karhi for the payment on 29th December, 1988 and the accused/ appellant informed the complainant and his father about registration of the crime against them, at the same time, he stated that if the complainant pays him Rs. 500/- then he will release the complainant and his father on bail and also close criminal case registered against them. On 29th December, 1988, the complainant and his father returned to their village, they had assured the accused/appellant that they will make arrangement for the payment of the amount of Rs. 500/- within two days. It is also stated that on 31st December, 1988 Omprakash (PW 1) went to PS Karhi and requested the accused/appellant Harishankar that he may be given further time for making arrangement for the payment of Rs. 500/- as demanded by the appellant. On the request of the complainant, accused/appellant gave time till 3rd January, 1989. As per the case of the prosecution, complainant Omprakash did not want to pay Rs. 500/- to the accused/appellant as illegal gratification for releasing the complainant and his father on bail and also for closure of the criminal case registered against them. As such on 3rd January, 1989 he approached .the office of the S.P. (Vigilance) at Indore and submitted report, Exh. P/i requesting the Special Police Establishment to arrange trap and getting the accused/appellant red-handed accepting the bribe. On the report of the complainant, SpI. Police Establishment Indore arranged the trap on 4.1.1989. Complainant Omprakash was sent to PS Karhi for making the payment of alleged 500/- rupees as demanded by the accused/appellant by way of bribe. The aforesaid trap could not succeed and instead of trapping the accused/appellant accepting the alleged bribe of Rs. 500/-, on the report of the accused/appellant Harishankar, crime No. 1/89 was registered against Omprakash (PW 1) under Sections 161 and 165, IPC for attempting to give illegal gratification to the appellant, a public servant.

(3.) On the report of Omprakash (PW 1), on investigations and according the sanction from the Government, a case was registered against the appellant for the offence punishable under Sections. 7, 13(1)(d)/13(2) of the Act and the challan was filed. On the report of the appellant, a case registered against Omprakash (PW 1) under Crime No. 1/89 was also investigated and on completion of the investigation, challan was also filed in the Court of SpI. Judge at Mandleshwar against said Omprakash for the offence punishable under Sections 161 and 165, IPC.