RAMKRISHNA PANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 22-1-1996 passed by learned V Additional Sessions Judge and Special judge, Jabalpur in Special Case No. 06/95 convicting appellant under Sections 7, 13 (1) (d) read with Section 13 (2) of Prevention of Corruption Act, 1988 (in short 'the Act') and sentencing him to suffer RI of one year and fine Rs. 15000/-for the offence under Section 7 of the Act and further sentencing him to suffer ri for two years and fine Rs. 20,000/-, in total three years RI and fine Rs. 35,000/-, in default, one year RI under each section, the appellant has knocked the door of this Court by preferring this appeal under Section 374 (2) of Code of criminal Procedure, 1973.

(2.) IN brief, the case of prosecution is that appellant at the relevant point of time was serving on the post of Dy. General Manager and Dy. Chief engineer (Civil) in Northern Coal Fields Limited, Jayant Project, Singrouli district Sidhi. During the year 1993 in the above capacity as a public servant, he demanded and accepted illegal gratification amounting to Rs. 30,000/- on 19-8-1993 from contractor Rakesh Kumar Singh (hereinafter referred to as 'the complainant') of Jayant Project by expediting the detained payment and allowing the extension of contract without imposing any penalty. Since the complainant was not keen to give any bribe to the appellant, he met Additional superintendent of Police who arrived at Baidhan and complainant submitted written complaint to him. On submitting the complaint, the Panch witnesses r. L. Sutrakar and B. L. Purohit were called and they were introduced with the complainant and thereafter written complaint of complainant was given to panch witnesses who after going through the complaint and making certain enquiry from the complainant, decided that a trap should be arranged.

(3.) EVENTUALLY 60 currency notes of Rs. 500/- each (in total Rs. 30,000/-)were submitted by the complainant, the description whereof was noted down in the pre trap Panchnama. On these currency notes phenolphthalein powder was applied and a demonstration of the change of colour of the solution of sodium carbonate coming into the contact of phenolphthalein powder was made. These currency notes were kept in the pocket of the shirt of the complainant and he was pacified that he should not come in contact of these treated currency notes till the demand of bribe is made by the appellant. The witness R. L. Sutrakar was made as surveillance witness to see and overhear the transaction of giving and taking of the bribe with a further direction that after the transaction of illegal gratification is completed, signal may be given to the members of the trap party by itching the head.