UNION OF INDIA Vs. ANJANI KUMAR KHARE

JUDGEMENT

(1.) THE impugned Judgment of absolvitur passed by learned Special judge, Jabalpur In Special Case No. 9/88 acquitting the respondent from the charges punishable under Sections 5 (1) (d) and 5 (2)of the Prevention of Corruption Act, 1947 (in short 'the Act') and also under Section 161, IPC on 16th January, 1995, has been made pivot by Union of India, through the superintendent of Police, Central Bureau of investigation, Jabalpur by filing this appeal under Section 378 (3) of the Code of Criminal Procedure, 1973.

(2.) IN brief, the case of prosecution is that complainant-Devendra Kumar Gupta applied to obtain loan from State Bank of India, Gotegoan Branch through Industry department. The application to sanction the loan was referred to the respondent for doing the needful and to put his recommendation on that application. It is said that complainant-Devendra Kumar Gupta approached respondent for several times in the bank and requested him to put his recommendation so that loan amount may be sanctioned, but, respondent every time avoided to do the needful. It is the further case of prosecution that respondent made a demand of illegal gratification of Rs. 600/-from the complainant and on being told by complainant that his financial condition is very weak, the deal of illegal gratification was settled for Rs. 450/ -.

(3.) IT is said that on 29-3-1988 complain-ant/devendra kumar Gupta made a complaint to Dy. S. P. , CBI who arrived at gotegoan to hold the camp, complaining the alleged illegal gratification of Rs. 450/-demanded by respondent to sanction his loan. On lodging of written complaint, Dy. S. P. CBI came into action and a trap was arranged. Currency notes of Rs. 450/- coated by Phenolphthalein power were given to the complainant and number of currency notes were noted down on the memorandum. The complainant was pacified to handover the currency notes of Rs. 450/-to the respondent and thereafter he was sent to the Bank. In the Bank when complainant contacted respondent, he made a demand of illegal gratification of Rs. 450/- and on being told by complainant that he has brought the money with him, the respondent, on relevant documents of loan, took signatures of the complainant and thereafter it is said that respondent directed complainant to accompany him out of the Bank premises to give the illegal gratification.