(1.) has filed this appeal against the judgment dated 12-4-2007, passed by special Judge (Prevention of Corruption Act), Bhopal, in Special Case No. 06/2005, convicting him under Sections 7 and 13 (i)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentencing him to rigorous imprisonment for two years and fine of Rs. 5000/-, on each count respectively.
(2.) Facts of the case are that on 18-2-2002 and before, appellant Ramesh Thete, IAS, was posted as Director, Employment and Training, at Jabalpur. Complainant N. R. Borle was posted as Incharge Principal of the Industrial Training Institute, Betul. It is undisputed that he appellant was a public servant. On 16-2-2002, complainant N. R. Borle made a complaint to Lokayukta that on 1-9- 2001 he had withdrawn Rs. 1, 72,372/- from the State Bank of India, Branch Betul, for distributing the salary of the employees, but the same could not be disbursed, as the accountant had gone on leave. Since there was no alternative, he deposited the aforesaid amount in his personal account in Nagrik Bank, Betul and as it was Sunday on 2-1- 2001, he took out the aforesaid amount from the Bank on 3-1-2001 and distributed the salary of the employees. Excess cash was kept in the cash box with the accountant of the Institution. Some persons made a complaint against him to the effect that he had misused the Government money. An enquiry was ordered by the Collector. Sub-Divisional Magistrate, Betul conducted the enquiry, but found nothing against him. However, it was held that he should not have deposited the aforesaid amount in his personal account. On 1- 2-2002, accused made a phone call to him saying that he would suspend him. He summoned him to Jabalpur. On 6-2-2002, when he met accused at his residence, he told that he had issued a notice to him and that he should arrange Rs 1 lac otherwise he will have to face the consequences. He further asked him to bring Rs. 1 lac, from Kewate (PW-15) also. Again on 11-2-2002 and 13-2-2002 accused threatened him on telephone that if Rs. 1 lac is not given to him, he would be suspended. Since he did not wish to give the bribe and wanted the accused to be caught red handed, he managed an amount of Rs. 1 lac by obtaining loan from the State Bank of India, Branch Betul on 16-2-2002 and submitted a written complaint (Ex. P/7) to Superintendent of Police, Special Police Establishment Bhopal. Supdt. of Police, Lokayukta, requisitioned two witnesses viz. Dr. D. C. Pyasi, Veterinary Surgeon and Dr. Shrivastava. On 17-2-2002, complainant was asked to contact the accused on mobile phone for fixing the place for delivering the bribe money this talk was arranged by way of conference and was recorded in a micro cassette recorder. Its transcript was prepared and seized vide seizure memo Ex. P/10. Accused asked complainant to come to Bhopal on 18- 2-2002 and meet him in Mantralaya, Vallabh Bhawan, Bhopal. Thereafter police registered a case under Section 7 of the Prevention of Corruption Act against the accused.
(3.) On 18-2-2002, a trap was arranged. The numbers of currency notes of Rs. 500/- denomination were noted by Dy. S. P., M.S. Nain (PW-21), Currency notes were treated with phenolphthalein powder and were kept in the pocket of complainant. He was given necessary instructions. A mini tape recorder was also provided to him with a direction to record the conversation taking place between him and the accused at the time of handing over the bribe money. Again, for fixing the place for giving the bribe money when complainant made a call to accused on his mobile phone, accused asked him to come to hotel Nisarg situated in M.P Nagar, Bhopal, where he was staying in Room No. 204. This conversation was again recorded and a transcript was prepared as memorandum Ex. P/17.