SMTI LEENA TALUKDAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is an appeal under section 374 of the Code of Criminal Procedure, 1973 read with Sec. 27 of the Prevention of Corruption Act, 1988. By this appeal, the appellant Smt. Leena Talukdar has challenged her conviction under Sec. 7 of the Prevention of Corruption Act in Special Case No. 18/2004 of the Court of learned Special Judge, CBI Guwahati, Assam vide judgment dated 9.11.2006 and thereby sentencing her to suffer R.I. for 6 months and a fine of Rs. 1000.00, in default to suffer S.I. for 1 month more.

(2.) The prosecution story is that one Dudu Baruah a permanent resident of village Balisapara in the district of Jorhat lodged a written complaint with the Superintendent of Police, CBI, ACB at Guwahati on 27.11.2002 informing that Smt. Leena Talukdar who was an employee of NF Railway, Maligaon demanded Rs. 60,000.00 from him for arranging a job of LDC in the said office for which the informant had submitted his candidature and also appeared in the interview. Allegedly, the said Leena Talukdar demanded Rs. 10,000.00 being the first instalment.

(3.) Upon receipt of the said complaint, the SP engaged one Bhagwan Das, Inspector of CBI, ACB, Guwahati to verify the genuineness of the complaint who made an enquiry and then reported that the complaint was genuine. At this stage, it was decided to lay trap to nab the employee red-handed. One Manoj Banerjee another Inspector of CBI, ACB, Guwahati was entrusted with the job to lay the trap. Shri Banerjee requisitioned, Smt. Sipra Sarkar and Shri Ramendu Nath Das both Assistants Grade-II in the office of FCI at Guwahati on 27.11.2002 and a pre-trap demonstration was held with them. Powder of phenolepthalein was sprinkled on some paper and thereafter Sri R.N. Das, one of the two witnesses requisitioned from FCI was asked to put his hand thereon and thereafter to put his hand aqueous solution of sodium carbonate and thereupon the water turned pink. The demonstration was given to these witnesses only to acquaint them with the process of laying trap. Thereafter, 5 notes of five hundred rupees and 75 notes of hundred rupees denomination thus valuing rupees ten thousand in total was similarly sprinkled with phenolpthalein powder and then given to the complainant to put in his pocket for giving to the accused on demand. A pre-trap memorandum was prepared with all details of currency notes. Then, the whole party consisting of Shri Dudu Baruah, the aforesaid two witnesses, Shri Bhagwan Das and Shri Manoj Banerjee both Inspectors of CBI, ACB, Guwahati proceeded towards the NF Railway office at Maligaon where the complainant brought the accused Leena Talukdar talked to her and thereafter both Dudu Baruah and Smt. Leena Talukdar proceeded to canteen. In the canteen, the accused demanded the money to the complainant who accordingly made payment of the aforesaid packet of ten thousand rupees and then gave signal to the trap party. The episode was seen by witness Sipra Sarkar and Manoj Banerjee, the Trap Laying Officer (TLO) who then disclosed his identity to the accused and thereupon the Smt. Leena Talukdar immediately threw away the money on the floor. The TLO seized the currency notes and then she was asked to put her hand in the water containing sodium bicarbonate which immediately turned pink. Thereafter, as provided under the law, post trap memorandum was prepared and seizure of the notes as well as the solution was made. The TLO was thereafter appointed as IO who completed the investigation and then submitted charge sheet against Smt. Leena Talukdar under section 17 and 13(2) read with 13(1) (d) of the Prevention of Corruption Act, 1988 to stand for trial