LAXMAN PRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT Laxman Prasad Raikwar has been convicted under Scetion 7 of the Prevention of Corruption Act, 1988 and sentenced to regorous imprisonment for one year and fine of Rs. 1000/ -.

(2.) THE prosecution case is that complainant Ram Singh (P.W. 2) needed fifteen pieces of wood for construction of his house in village Bhanpur. He obtained the certificate dated 9.1.1987 (Ex. P -4) from Sarpanch Gram Panchat, Jaitpur Piparia and submitted the application dated 11.1.1987 (Ex. P -3) to the Range officer, Gaurjhamar for supplying the wood to him. Accused Laxman Prasad Raikwar was Deputy Ranger at Gopalpur. The complainant met him in this connection and the accused told him that he would give the verification certificate on payment of Rs. 500/ - as bribe. The accused asked him to pay this amount on 13.1.1987 at Gopalpur. The complainant submitted the application dated 12.1.1987 Ex. P -5 to the Deputy Supreintendent of Police (Vigilance) at Sagar. He directed S.P. Shukla (P.W. 9), Inspector (Vigilance) to arrange the trap. S.P. Shukla (P.W. 9) called V. K. Baisakhia (P.W. 4), Assistant Engineer and Ramswaroop Tiwari (P.W. 8), Block Education Officer as panch witnesses on 13.1.1987. The complainant produced five currency notes of Rs. 100/ - each. These notes were smeared with phenolphthalein powder and the preliminary panchnama Ex. P -8 was prepared. The numbers of the currency notes were noted in this panchnama. The trap party proceeded to Gopalpur. Shokhilal Tiwari (P.W. 6) and Dwarka Prasad (P.W. 13) the constables were also with the trap party. Complainant Ram Singh (P.W. 2) and Saheb Singh (P.W. 7) went to the house of the accused at about 9 p. m. The accused demanded the money. Ram Singh the (P.W. 2) gave the five curency notes Rs. 100/ - each to the accused who kept them in the inner pocket of his coat. The accused went inside his room and put his coat on the wall. Ram Singh (P.W. 2) and Saheb Singh (P.W. 7) came out and informed the trap party that the money has been paid to the accused S.P. Shukla (P.W. 9), the two officers and the two constables reached inside the room of the accused. The hands of the accused were washed in the solution of Sodium Carbonate and the liquid turned pink. The accused was asked where has he kept the amount of Rs. 500/ - The accused told them that he has kept the money in his coat. Ramswaroop Tiwari (P.W. 8) pikced up the caot from the wall and five currency notes of Rs. 100/ - each were found in the inner pocket of the coat. The numbers of these currency notes were tallied with the numbers noted in the preliminary panchnama and these were found to be the same. These currency notes were sealed. The pocket of the coat was also washed in the liquid of the Sodium Carbonate and that also turned pink. The hands of Ram Singh (P.W. 2) and Ramswaroop Tiwari (P.W. 8) were also washed separately in the sodium Carbonate. That liquid also turned pink. The recovery memo also turned pink. The recovery memo Ex. P -7 was prepared and was signed by the panch witnesses. After investigation and the sanction of the State Government (Ex. P -1), the charge -sheet was filed before the special Judge, Sagar.

(3.) THE Special Judge convicted the accused under Section 7 of the Prevention of Corruption Act, 1988 and sentenced him has stated at the outset. It must be mentioned here that the prevention of Corruption Act, 1988 came into force on 9.9.1988 and the offence in this case is said to have been committed on 13.1.1987. Therefore, the conviction will have to be treated under Section 161 Indian Penal Coce which was the corresponding provision of Section 7 of the Prevention of Corruption Act, 1988.