D.K.BHATE Vs. STATE OF M.P.

JUDGEMENT

(1.) The present appeal preferred u/s. 374(2) Cr.P.C . assails the judgment dated 29.02.2000 passed in Special S.T. No. 1/1994 rendered by Special Judge, Guna whereby the trial Court has convicted the appellant D.K. Bhate as follows :- Conviction u/S Sentence Awarded Fine amount Sec. 7 of the One year R.I. Rs. 1000/- with Prevention of default stipulation. Corruption Act , 1988 Sec. 13(1) (D) read 03 years R.I., with Sec. 13(2) of Prevention of Corruption Act , 1988

(2.) The appellant who is a Govt. servant and posted as Distt. Coordinator in the Tribal Welfare Department at the relevant point of time has been convicted for the offence of demand and acceptance of illegal gratification and has been sentenced as mentioned above.

(3.) Bare facts giving rise to the present case are that complainant Mohan Babu (PW-6) on 02.04.1992 lodged a written complaint vide Ex. P-10 at the Lokayukt Organization Office at Guna that he is working as a teacher and superintendent of Balak Adiwasi Chhatrawas, Cantt. Guna and is responsible for making arrangement for boarding and lodging of school boys belonging to ST category. The complaint was to the effect that accused-appellant D.K. Bhate, District Coordinator Tribal Welfare Department was empowered to carry out inspection of the said hostel. The complainant further detailed that on 28/3/92, appellant summoned the record of hostel. The complainant reached the office of the appellant with the record which contained cash book, voucher files, soap and oil register, food stuff register, attendance register and inspection register. Record was handed over to the appellant who retained the same and told the complainant that the inspection carried out by the appellant on 27/3/92 revealed the hostel in bad condition and if Rs. 2000/- is given to the appellant, he would not pass any adverse remark against the complainant and would give favourable report. The complainant further said that records were not returned to the complainant and were retained by the appellant by stating that unless Rs. 2000/- is given, record would not be returned to the complainant whereafter complainant states that he came back home and narrated the incident to (PW-5) Hemraj Tailor whereafter complainant on 30/3/92 reached the resident of appellant and again demanded return of record of the hostel to which the appellant again demanded money. The complainant further states that he showed his inability as he has not brought any cash to which the appellant get annoyed and threatened to place complainant under suspension and to transfer him out. Thereafter the complainant states that he yet again approached the appellant's office with a written request and met the appellant who told him to submit the application to the clerk Rajendra Bhatnagar PW-4 who in turn presented the application before the appellant. The appellant asked the clerk to go out from the chamber and thereafter told the complainant that until he pays Rs. 2000/-, record of the hostel shall not be returned to which the complainant responded that he would bring the required amount in the afternoon. Thereafter, a written complaint, as stated above, was submitted before Lokayukta Organization at Guna expressing the intention of complainant to catch the appellant red-handed. Thereafter a team was constituted and the complainant was suitably instructed. The complainant approached the house of the appellant and did what he was told by the prosecution agency. On his indication, team rushed into the chamber of the appellant and caught hold of him and complete all the necessary formalities of seizure of cash, washing hands of the appellant in the solution of phenolphthalein which turned pink. After conclusion of investigation the charge sheet was filed. The appellant abjured guilt and sought trial.