VISHWANATH SHIVPUJAN DUBEY Vs. STATE OF M P

JUDGEMENT

(1.) THE accused/appellant has been convicted under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act (hereinafter referred to as 'the Act' for short) and under Section 161 of the Indian Penal Code and has been sentenced to undergo R. I. for 1 year and to pay fine of Rs. 500/- by judgment dated 31-12-1992 in Special Case No. 32/1986 by Special Judge, Jabalpur.

(2.) THE case of the prosecution, stated in brief, is that the accused/appellant Vishwanath Prasad Dubey, at the time of incident, i. e. , on 20-4-1985 was posted as A. S. I. at P. S. Kotwali, Jabalpur. An offence (Crime No. 193/85) under Section 341 read with Section 34 of the Indian Penal Code was registered against the complainant of this case Madan Mohan (P. W. 6) at Police Station Kotwali, Jabalpur. The accused/appellant was entrusted with the investigation of the said crime. The accused/appellant went to the house of complainant Madan Mohan on 19-4-1985 and told him that he would be arrested and taken into custody and asked Madan Mohan to pay him Rs. 500/-, if the former wished to be released on bail. The complainant Madan Mohan did not pay the above amount to the accused/appellant, whereupon the appellant told Madan Mohan that he would be coming again in the evening and by then the amount as above should be arranged, otherwise he would be arrested.

(3.) THE complainant Madan Mohan thereafter approached the Superintendent of Special Police Establishment, Lokayukt, Jabalpur and submitted an application (Ex. P/6) to him about the incident and the demand as above. The trap was arranged by Special Police Establishment and the accused/appellant was handed over 5 currency notes of Rs. 100/- each, which were smeared with Phenolphthelein Powder. Preliminary Panchnama (Ex. P/7) was prepared. As per plan for the trap, the above currency notes were handed over by the complainant Madan Mohan to appellant and he thereafter gave the pre-arranged signal to the trap party. The trap party arrived on the spot and apprehended the accused/appellant, who was found in possession of the currency notes which were seized from him. Panchnama of trap proceedings (Ex. P/12) was prepared. Other usual formalities of investigation were concluded and after obtaining sanction (Ex. P/5), the charge-sheet was filed against the accused/appellant.