RAJENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant was put on trial to face charges under Section 7 as well as under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act on the allegation that the appellant being a public servant demanded and accepted illegal gratification of Rs. 500/ - as reward for doing official act. The trial court having found the appellant guilty for the said charges sentenced him to undergo rigorous imprisonment for two years each for the offence under Section 7 of the Prevention of Corruption Act as well as under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. He was further sentenced to pay a fine of Rs. 1000/ - for an offence under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act and in default to undergo for further rigorous imprisonment for six months. Both the sentences were ordered to be run concurrently.

(2.) THE complainant Mukhlal Nonia (P.W.1) working as a Loader in Kachhi Balihari Colliery was not paid his wages since July, 1990 as his statement of attendance was not made available to the Accounts Department by the appellant and whenever he made request to the appellant Rajendra Prasad Singh, posted as Time keeper but in the complaint (Ext.8) described as Hazri Babu, for sending his statement of attendance, he asked for Rs. 2000/ - for sending the statement of attendance of three months. Ultimately Mukhlal Nonia (P.W.1) on 1.11.1990 made a complaint in writing (Ext.8) to Superintendent of Police, CBI, Dhanbad which was referred to Sri T.J. Ghosh, Inspector of Police, CBI, Dhanbad for its verification, who on its verification found the allegation, prima facie, true and consequently submitted verification report (Ext.9) to the Superintendent of Police, CBI, Dhanbad. Thereafter the case was registered and the matter was endorsed to one A.K. Asthana, Inspector of Police, CBI, Dhanbad for investigation, who constituted a team consisting of himself, L.M. Majhi, Inspector (not examined), T.J. Ghosh (P.W.9), Kamla Prasad, ASI (not examined), Amrit Bahadur Thapa, Head Constable (not examined), two shadow witnesses, namely, Uday Kumar Sinha (P.W.3) and Binay Kumar (P.W.5) and the complainant Mukhlal Nonia (P.W.1). After doing formalities of pre -trap exercises, preliminary memorandum (Ext. 13) was drawn. During said course, six currency notes of the denomination of Rs. 50/ - and two currency notes of the denomination of Rs. 100/ - each produced by the complainant were treated with phenolphthalein powder and were given back to the complainant after its numbers were noted in the memorandum with the instruction to him as well as to the witnesses to hand over the same to the appellant only when he makes demand and then to convey it to the members of the trap team by rubbing forehead. On 2.11.1990 at about 9.50 A.M. raiding party reached near the attendance room of 10/12 pit of Kachhi Balihari Colliery and took position from where the appellant could be seen and then the complainant (P.W.1) and one of the shadow witnesses Binay Kumar (P.W.5) proceeded towards the attendance room where the appellant was sitting. When the complainant wished the appellant from near the door, the appellant came out of the door and walked away few steps where the appellant asked for money when complainant made request him to send his statement of attendance and after accepting the same, he told to the complainant that now his work would be done and then he counted the tainted money and kept it in the left hand side pocket of his trouser and then the appellant moved toward his room whereas the complainant moved towards outside and gave signal to the other members of the team. Upon it A.K. Asthana and the witnesses after seeing the transaction being taken place, rushed towards the room and two of the members of the raiding party caught hold of the hands of the appellant. Appellant became perplexed and could not offer any explanation. Thereafter Binay Kumar (P.W.5) took out tainted money from the left side pocket of the trouser, numbers of the tainted money were found to be the same as mentioned in the preliminary memorandum and thereafter phenolphthalein test was undertaken whereby both the hands of the appellants were dipped separately in solution kept in containers which turned to pink and then another trouser was arranged, the appellant changed the trouser and the inner lining of the left hand side pocket of the trouser was also subjected to said test, result of which was also found to be positive. Thereafter hand wash of both the hands as well as wash of inner lining of the left side pocket of the trouser contained in three different files were sealed. The tainted money recovered from the possession of the appellant was sealed and then all the members of the raiding party signed over it. After all the formalities of the trap were over, memorandum of recovery (two in numbers) Exts. 4 and 14 were prepared which were signed by all the members of the raiding party and the arrest of the appellant was effected. In course of investigation, those three files as well as one file prepared at the time of pre -trap exercise were sent for its chemical examination to Director, Central Forensic Science Laboratory, Calcutta under forwarding letter (Ext.10). On being examined two of the samples marked as Ext.R (right hand wash) and Ext.D (pre trap solution) were found containing Sodium Carbonate solution and Sodium Phenolphthalein whereas only Sodium Carbonate contents were found in Ext.L (right hand wash) and Ext.P (wash of inner lining of the pocket).

(3.) IN course of trial, the prosecution in order to establish the charges examined as many as ten witnesses. Apart from the complainant (P.W.1) as well as shadow witnesses, namely, Uday Kumar Sinha (P.W.3) and Binay Kumar (P.W.5), one of the members of the raiding party namely, T.J. Ghosh, Inspector of CBI was examined as P.W.9. Singheshwar Prasad, the then Senior Personnel Officer was examined as P.W.8, who explained the duty of the Time keeper as well as Attendance clerk and the Assistant Time keeper.