KAMAL KISHORE PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellant Kamal Kishore Prasad, who was working as an Executive Engineer in the Central Public Works Department, has been charged and convicted under Section 161 of the Penal Code and Section 5(ii) read with Section 5(i)(d) of the Prevention of Corruption Act, 1947.

(2.) The prosecution case, in short, is that the complainant Jitai Kewat filed a petition before the Superintendent of Police (C. B. I.), Patna making an allegation to the effect that the accused Kamal Kishore Prasad who was working as Executive Engineer Electrical, General Electrical Division, Boring Road, Patna had demanded Rs. 200/- for passing a bill. The genuineness of the complaint was verified. A trap team consisting of C. B. I. personnel and two independent witnesses including the complainant was formed and it is alleged that the appellant was caught red handed while taking a bribe of Rs. 200/- from the complainant. The notes which were treated with phenolphthalein powder were recovered from the possession of the accused. A memorandum of seizure was prepared and thereafter the appellant was taken to the C. B. I. office where his hands were dipped in the solution of Sodium Carbonate which turned pink indicating that the money that was recovered was the bribe money offered by the complainant.

(3.) The prosecution has examined seven witnesses to substantiate the charge. On behalf of the defence K. K. Anand Narain, Superintending Engineer has been examined to show that V. Prasad and Surendra Prasad bore a grudge towards the appellant as he had put an adverse remarks against V. Prasad in his character roll.