PRITHVILAL MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal has been filed jointly by both the appellants challenging the common judgment dtd. 6/7/2019 passed by the learned Special Judge, Prevention of Corruption Act, 1988, Kota, in Sessions Case No. 10/2016, whereby the appellant No. 1, Prithvilal Meena was convicted under Sec. 120-B of IPC and Ss. 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act of 1988"), and appellant No. 2, Hemraj @ Foru was convicted under Sec. 120-B of IPC and under Sec. 8 of "the Act of 1988" and both were sentenced as under:

(2.) The case of the prosecution as culled out from records is that on 1/2/2016, the complainant Kailash Meena and Ramphool Meena submitted a written complaint before the Anti-Corruption Bureau, Bundi, alleging demand of illegal gratification by the appellant No. 1, Prithvilal Meena, who was working as Assistant Engineer, Rajasthan State Electricity Board. It was alleged that on 29/1/2016, the appellant No. 1, Prithvilal Meena along with his staff inspected the electricity meters installed at the complainant's premises and thereafter verbally imposed a VCR penalty of Rs.80,000.00. Subsequently, the appellant No. 1 Prithvilal Meena allegedly demanded illegal gratification for settlement of the matter.

(3.) According to the prosecution, on 1/2/2016, the appellant No. 1 Prithvilal Meena directed the complainants to contact his driver and associates, who demanded Rs.20,000.00, out of which Rs.14,500.00 was paid and remaining Rs.5500.00 was agreed to be paid. The demand was verified by the ACB and thereafter, on 2/2/2016, a trap was organized. Two independent witnesses were associated with the trap proceedings. The bribe amount of Rs.5,500.00 was treated with phenolphthalein powder and handed over to the complainant- Kailash with necessary instructions. At about 11:40 AM, both the complainants met the appellant No. 1 Prithvilal Meena in his office. As per the prosecution, upon communication and approval of the appellant No. 1 Prithvilal Meena, the bribe amount was passed through Ramhet and ultimately accepted by appellant No. 2 Hemraj @ Foru, who kept the tainted money in the pocket of his trouser. Upon receiving the pre-arranged signal, the trap party immediately entered the office and conducted a search. The phenolphthalein test of appellant No. 2 Hemraj was found positive and a sum of Rs.5,500.00 was recovered from his possession. Both the appellants Prithvilal Meena and Hemraj @ Foru were present together in the same room when the search party arrived.