RAJENDRA KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the judgment dated 16th June 1992 of the Special Judge, C.B.I., North Bihar, Patna in Special Case No. 13 of 1984 (R.C. No.7 of 1984) whereby the appellant has been convicted u/s. 161 of the Indian Penal Code and Sec. 5(1) (d) read with Sec. 5(2) of the Prevention of Corruption Act, 1947 (hereinafter, in short, referred to as the 'Act') and sentenced to R.I. for one year under each of the counts. The appellant has also been sentenced to pay a fine of Rs. 500.00 u/s. 5(2) of the Act and in default of payment of fine to undergo R.I. for three months. The sentences have been ordered to run concurrently.

(2.) The informant Rajeshwar Sharma (P.W.1) submitted a written report on 5.03.1984 at 1:00 P.M. before the Superintendent of Police, C.B.I., Patna alleging therein that he was working as a greaser Khalasi in Locoshed, Eastern Railways, Saharsa. Since 14.01.1984 he was unable to attend his duties due to pain in hand and body. For his medical treatment, he went to the Railway Health Centre at Saharsa and showed him to the A.D.M.O., Dr. R.K. Yadav, (appellant). He produced his paper obtained from the Loco Office. The doctor (appellant) gave him medicine and advised rest for seven days. Thereafter, he took medicine thrice from the Health Centre, The doctor appellant demanded fees from him at the rate of Rs. 31.00 per day. The appellant told him (informant) that he (appellant) will not issue fitness certificate to enable him to resume his duties unless he paid him his fee @ Rs. 3.00 per day. He went to the doctor (appellant) on 20.01.1984 and that day he (appellant) again advised him for further rest for 15 days. The informant alleged that since 5.02.1984 he went to the doctor (appellant) several times but he (doctor) did not give him (informant) fitness certificate in order to enable him to join his duties saying that unless he paid him Rs. 31.00 per day, he (appellant) will not issue him fitness certificate and he (informant) will have to run from pillar to post. He (informant) was a poor man and he did not want to satisfy his (appellant's) illegal demand. Lastly, he (informant) met him (appellant) on 27.02.1984 ana requested him for issuance of fitness certificate but the appellant kept on insisting for fulfilment of the illegal demand. Therefore, he (informant) approached the C.B.I. authorities and filed his written report with a prayer for necessary action in the matter. Thereafter, on the orders of the Superintendent of Police, C.B.I., Patna S.I. Ashokbabu (P.W.4) conducted a secret verification of the ailegation made in the written report of the informant. In course of secret verification, S.I. Ashokbabu visited Saharsa on 6.03.1984 and watched from distance incognito that on request of appellant for issuance of fitness certificate dated 9.03.1984, Dr. Yadav (appellant) calculated the period of absence and insisted for payment of Rs. 168.00 at the rate of Rs. 31.00 per day for the period from 14.01.1984 to 3.03.1984 (56 days). The informant requested doctor Yadav (appellant) to reduce the demand but he remained adament for the amount demanded by him. S.I. Ashokbabu overheard the demand made by doctor Yadav and he submitted his verification report. On receipt of verification report, FIR under Case No. SPE/Patna R.C. No. 7 of 1984 u/s. 161 of the Indian Penal Code was instituted against the appellant on the basis of the written report filed by the informant Rajeshwar Sharma. Inspector G.N. Gupta (P.W. 10) was directed to take up the investigation. He organised a team of Officers and men of SPE/CBI/Patna. He also arranged for laying a trap. On 9.03.1984 at 7:00 A.M. the members of the team collected at Madhepura retiring room. Two independent witnesses Umesh Prasad, Junior Engineer, Telegraph, Madhepura (P.W. 9) and Bindeshwari Prasad Rajak, Assistant, Sub-Post Office, Madhepura (P.W. 6) were also present as their services had been requisitioned for witnessing the transaction. The informant was also present there and he produced Rs. 168.00 in G.C. notes in presence of witnesses and members of the team. The purpose of meeting was explained. The use of Phenolphthalein powder and its reaction with sodium carbonate was practically demonstrated to the witnesses, informant and the members of the team. The G.C. notes of the informant were treated with phenolphthalein powder and were handed over to the informant with a specific direction to pay the same to doctor Yadav (appellant) only on his demand as illegal gratification. The detailed process of the meeting was incorporated in the memorandum i.e. Pre-trap Memorandum which was read over and explained to the informant, witnesses and the members of the team who signed it. The members of the team washed their hands with soap and water in order to ensure that no particle of the powder remained on their hands.

(3.) Then at about 9:45 A.M. that day (9.3.1984) the members of the team reached Health Centre, N.E. Railways, Saharsa. Inspector G.N. Gupta (P.W. 10) and witness Umesh Prasad (P.W. 4) took their position near the door of chamber of Dr. Yadav (appellant). The other members of the team also took their position at different places in the Centre at 9:50 A.M. The informant Rajeshwar Sharma entered into the chamber of doctor Yadav and wished him. Dr. Yadav asked the informant whether he had come to take the fitness certificate and if so, whether he had brought the money? The informant replied in affirmative. Doctor Yadav wanted to know the actual amount brought by the informant whereupon he replied that he had brought Rs. 168.00 as demanded by him (appellant). On demand of doctor Yadav (appellant) the informant took out the tainted G.C. notes and handed over to doctor Yadav who accepted the same, same in the left hand side of upper pocket of his bush-shirt which he was wearing. Thereafter, Dr. Yadav started filling in and writing the prescribed form of fitness certificate in a Book. The members of the trap party and witnesses who were closely watching the transaction entered into the chamber of doctor Yadav on getting fixed signal. Doctor Yadav was challenged by Inspector G.N. Gupta (P.W. 10) of having demanded and accepted Rs. 168.00 as illegal gratification from the informant Rajeshwar Sharma. Doctor Yadav turned pale and gave no explanation.