MAQBOOL ALI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) DESPITE repeated calls and passing over the case twice, none appeared on behalf of either party, therefore, this appeal is being disposed of after careful and cautious perusal of the material on record in the light of law laid down by the Apex Court in Bani Singh Vs. State of U. P, AIR 1996 SC 2439.

(2.) APPELLANT Maqbool Ali has filed this appeal against the judgment dated 28. 11. 1996 passed by the Vth Additional Sessions Judge and Special judge (CBI), Jabalpur in Special Case No. 17/1990, convicting him under section 7 and 13 (1) (d) r/w 13 (2) of the Prevention of Corruption Act, 1988 and sentencing him to R. I. for 06 months with fine of Rs. 500/-and R. I. for one year with fine of Rs. 2,000/-, on each count, respectively.

(3.) ACCORDING to the prosecution, on 29. 03. 1990 the appellant was posted as Head Clerk in Carriage and Wagon Personnel Section of the office of divisional Railway Manager (D. M. R. ). Complainant Sukhlal (PW-2) who happened to be a "khalasi" in Railway Department had applied for advance of his provident fund on 28. 03. 1990. On 29. 03. 1990, his application was sent to d. R. M. office. When he made inquiries in the office and met the appellant and requested him for getting the advance sanctioned, the appellant made a demand of Rs. 100/-for sanctioning the advance. Being frustrated, he went to the office of C. B. I. and submitted a written report (Exhibit P/4) saying that he did not wish to give bribe. The Superintendent of Police, C. B. I. handed over the matter to C. B. I. Inspector R. K. Shukla (PW-7 ). Inspector R. K. Shukla summoned two independent witnesses from the office of Oriental Insurance Company. The oriental Insurance Company sent Lalit Bohre (PW-3) and K. K. Sarin (PW-4)before whom the complaint was read over and accepted by the complainant. Thereafter, a demonstration of trap by phenolphthalein powder was done and two currency notes of Rs. 50/-were obtained from complainant Sukhlal and were treated with phenolphthalein powder. After keeping these notes in the pocket of complainant Sukhlal, he was asked to hand over the same to appellant as a bribe if demanded by him. A preliminary memorandum (Exhibit p/5) was drawn and the trap party went to the office of D. R. M. . Complainant sukhlal and Lalit Bohre (PW-3) went inside the office and Sukhlal requested the appellant to get his advance of provident fund sanctioned. When the appellant demanded Rs. 100/-, Sukhlal handed over the tainted currency notes to him, which he put in his purse. On a signal being given by Sukhlal, the trap party reached there. Inspector Khan and Inspector Vinay Kumar caught hold the wrist of appellant. Inspector R. K. Shukla (PW-7) after giving his introduction got his hand dipped in sodium carbonate solution which turned pink. Thereafter, purse in which the currency notes were kept was taken out from his pocket and two notes of Rs. 50/-were recovered. The numbers of currency notes tallied to the numbers of notes recorded in a preliminary memorandum (Exhibit P/5 ). The notes and sodium carbonate solution were seized and the trap proceeding memorandum (Exhibit P/6) was prepared. Solutions were sent to the Forensic science Laboratory for chemical examination and it's report (Exhibit P/16) was received. After requisite investigation and after obtaining the sanction (Exhibit p/1) from the D. R. M. , the charge sheet was filed and the case was put up for trial.