RAJARAM BADOLE Vs. SPECIAL POLICE ESTABLISHMENT, LOKAYUKT

JUDGEMENT

(1.) Present appeal is arising out of the judgment dated 30.09.2015 passed by the learned Special Sessions Judge, Dhar in S.C. No.03/2014 convicting the appellant under Section 7 of the Prevention of Corruption Act and sentenced to undergo 2 years RI and fine of Rs.1000/- has been inflicted upon him and in default of payment of fine, to further undergo one month RI. He has also been convicted under Section 13 / 2 of the Prevention of Corruption Act and sentenced to undergo 2 years RI with a fine of Rs.1000/- along with default clause to undergo one month's further RI in case, the fine amount is not deposited.

(2.) Facts of the case reveal that a complaint was submitted against one Firoj for assaulting someone on 04.06.2013 and at the relevant point of time, the appellant was posted as Station House Officer (In-charge). The appellant, as a complaint was received, called Firoj (PW-1) to police chowki-Dehri and allegedly threatened Firoj for sending him to jail and in case, he wanted a clean-chit from police, he was required to pay a sum of Rs.10,000/- as bribe.

(3.) A sum of Rs.3000/- was allegedly paid on 04.06.2013 by Firoj to the appellant and he was required to pay the balance of Rs.7000/- to the appellant. The complainant-Firoj on 05.06.2013 came down to Indore and met Superintendent of Police (Lokayukta). He submitted an application Ex.P-1 and Superintendent of Police (Lokayukta) has marked the application to Inspector, Anil Singh Chouhan, PW-8 for necessary action. Lokayukta Inspector, Anil Singh Chouhan, after hearing the entire complaint from Firoj handed over the voice recorder through a Panchnama, Ex.P-2 to Firoj. Along with the complainant-Firoj, one shadow witness -Kamles, PW-3 was deputed and on 05.06.2013, Firoj PW-1 and shadow witness- PW-3 Kamlesh went to police station- Dehri. The shadow witness was standing at some distance from the office and the complainant went near the present appellant and kept the voice recorder on. Conversation was recorded and its indication was given to Lokayukta Inspector, Anil Singh Chouhan, PW-8.