ARUN KUMAR PATRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 18-12-1997 passed by V Additional Sessions and Special Judge (CBI), jabalpur in Special Case No. 152/96 convicting appellant under Sections 7 and 13 (1) (d) read with Section 13 (2) of Prevention of Corruption Act, 1988 (in short 'the Act') and sentencing him to suffer imprisonment as mentioned in the impugned judgment, this appeal under Section 374 (2) of the Code of Criminal procedure, 1973 has been preferred by the appellant.

(2.) IN brief the case of prosecution is that 10-9-1995 appellant was serving on the post of Electrical Foreman at Nainpur Railway Station and complainant Farid Khan (hereinafter referred to as 'the complainant') was serving in South Eastern Railway, Howbagh Railway Station. Complainant was trying to get him transferred from Howbagh to Nainpur and in this regard he contacted appellant. However, appellant was making demand of illegal gratification of Rs. 300/- to forward the transfer application of the complainant since complainant was not desirous to give the said amount of bribe and was keen to get the appellant caught red handed, he submitted a complaint in CBI office on 10-9-1995 which is Exh. P-1. On the basis of written complaint, FIR was registered and Om Prakash Parida, Inspector of CBI was entrusted to investigate the matter. Inspector Parida after making necessary queries from the complainant, made a scheme for the trap. The Investigating Officer summoned kuldeep Rai Bhatiya and S. C. Sarin and in presence of these two witnesses certain queries were put to the complainant. On being satisfied that the complaint is prima facie correct, complainant was directed to produce the currency notes of Rs. 300/ -. On submitting the currency notes of Rs. 300/-, then numbers were noted down and they were treated with phenolphthalein powder. A pre- trap demonstration of the change of colour of solution of sodium carbonate on coming into contact with phenolphthalein powder, was conducted in the office. A pre-trap Panchnama was also prepared.

(3.) THE treated currency notes were kept in the pocket of the complainant and he was directed to hand over these treated currency notes to appellant only when he makes demand of bribe. Thereafter, the trap party including the complainant went to the office of appellant at Nainpur. The complainant and trap witness S. C. Sarin were sent to the office of appellant where appellant asked complainant whether he has brought the money. Thereafter complainant took out the treated currency notes of Rs. 300/- and handed over the same to the appellant. Thereafter complainant gave signal to the members of the trap party as a result of which they rushed inside the office of appellant and caught hold of his hands from the wrist.