KAMAL MAHUNE Vs. STATE OF M.P.

JUDGEMENT

(1.) The present appeal u/S.27 of Prevention of Corruption Act 1988 and Sec.374 of Cr.P.C . assails the order dated 09.06.2007 passed by First Additional Session Judge and Special Judge Gwalior in Special Case No.1/2007 whereby the Court below has convicted the appellant for the charge u/S.7 of Prevention of Corruption Act, 1988 for 1 year RI with fine of Rs.1,000/- and Sec.13(2) of Prevention of Corruption Act , 1988 for 1 year RI with fine of Rs.1,000/- with default stipulation.

(2.) Bare fact giving rise to the present case are that offences punishable u/S.279 and 337 of IPC were registered in respect of offending vehicle bearing registration No.M.P.07G-3903, on 23.04.2002 and the said vehicle was seized on 24.04.2002 from driver Durgpal Singh PW-4. The Investigation of the said offences was entrusted to the appellant herein. During the progress of investigation an order was passed on 26.04.2002 by the concerned JMFC Gwalior directed handing over interim custody of the vehicle. The SHO of the concerned Police Station Gwalior (PW-11) on 26.04.2002, directed the appellant/ investigating officer to handover the possession of the said vehicle to the driver (PW-4) in due deference of the order of JMFC Gwalior. The registered owner of the said vehicle was Mazboot Singh (PW-3). Despite receiving the direction for releasing the vehicle, the appellant took bribe of Rs.500/- from the driver (PW-4) and demanded a further bribe of Rs.3,000/- for handing over the custody of vehicle. The said amount of Rs.3,000/- was not paid and thus the custody was not handed over. Thereafter, it is alleged that on 29.04.2002, another application vide (Ex.P-16) for handing over the custody was moved before the learned JMFC who by another order dated 30.04.2002 (Ex.P-15) again directed for handing over the interim custody of the vehicle. It was only on production of this subsequent order of learned JMFC that the custody of the vehicle was handed over.

(3.) On the basis of aforesaid incident, the owner Mazboot Singh (PW-3) lodged a written complainant (Ex.P-11) to the Lokayukta Organizations which was registered on a preliminary basis followed by registration of FIR against the appellant vide Annexure P-2 on 27.02.2006. Thereafter, formalities of investigation were completed. The sanction for prosecution u/S.19 was obtained by the appointing authority vide Ex. P-17. On completion of investigation, the charge- sheet was filed in the trial Court on 05.02.2007. Charge for offences punishable u/S.7, 13(1)(d)/13(2) Prevention of Corruption Act .1988 ("1988 Act" for brevity) was framed. The appellant abjured guilt and sought trial.