SK MOHAMMED MINHAZUDDIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal has been directed against the judgment of conviction under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988, whereby the Appellant Sk. Md. Minhazuddin has been sentenced to undergo rigorous imprisonment for one year and fine of Rs. 700 with stipulation to undergo imprisonment for one month in default, further rigorous imprisonment for two years and fine of Rs. 1400 with stipulation to undergo imprisonment for the additional period of two months respectively.

(2.) The prosecution story lies in a narrow compass. One Sri. S.N. Singh, retired Lieutenant Colonel (PW7) applied for telephone connection in his office-cum-residence in the month of August, 1989 and in this connection he requested his near relative i.e. the Complainant, Sri. Ashok Kumar Singh (PW8) to follow up for connection. The Complainant though contacted the Officers of the Telephone department but without substantial progress. Ultimately on 14th December, 1989 when the Complainant (PW8) contacted the Appellant (Telephone Inspector), he was asked to spend Rs. 1,000 for telephone connection within two days and accordingly suggested to bring the said amount by the following day at 10.30 a.m. However, on persuasion it was alleged that the Appellant agreed to accept a sum of Rs. 700. Since the Complainant was not inclined to pay the demanded gratification, he presented a written complaint before the Superintendent of Police (CBI)/Ranchi on 14th December, 1989. Upon being satisfied with the preliminary enquiry report, the S.P. CBI Ranchi ordered for registration of a regular case against the Appellant and directed Shri. B.N. Sharma, Inspector/CBI/Ranchi (PW9) to constitute a trap team for nabbing the Appellant red-handed. In this connection the services of the witnesses, Sri. S.K. Pandit (PW1) Sr. Clerk, OE Section, CCL, Darbhanga House, Ranchi and Sri. S.P. Choudhary, (PW3) UDC, SE Administration, CCL, Darbhanga House, Ranchi were taken who ultimately were made the members of the Trap Team. Both the witnesses assembled in the office Chamber of SP/CBI/ Ranchi on 15th December, 1989, where the Complainant was introduced to them and the purpose of such assembly was explained to all. The complaint petition (Exh.7) of Sri. Ashok Kumar Singh (PW8) was read over and also individually perused by both the witnesses. The witnesses made some queries from the Complainant in order to satisfy themselves as regards genuineness of the complaint. Thereafter the process of laying the trap was explained by Shri B.N. Sharma (PW9) to the Complainant and the witnesses and also the reaction of Phenol- phthalein powder with the solution of sodium carbonate was demonstrated before them whereby the solution of sodium carbonate turned pink coming in contract with Phenolphthalein powder. The pink solution was collected in a clean glass bottle which was duly sealed and signed by the Complainant, the witnesses and other members of the trap party. The piece of paper used in demonstration was also kept in an envelope which was also sealed and signed by the witnesses. The Complainant produced 7 G.C. notes of 100 each with the number of each note recorded. All the seven G.C. Notes were treated with the Phenolphethalein powder. The residual phenolphthalein powder was kept in separate envelope which was also sealed and signed. Thereafter the witnesses were asked to ensure that there was nothing in their pockets except their identity cards, pens etc. All the seven notes total Rs. 700 treated with Phenolphethalein powder were delivered to the Complainant to keep with him with the caution to deliver the same only on demand by the Appellant and not otherwise and the witnesses and other members of the Trap team were asked to remain vigilant. And try to listen the interaction between the Complainant and the Appellant and also to watch the transaction of bribe. The Complainant was also asked to give a signal by raising his right hand over his head as soon as bribe money delivered by him was accepted by the Appellant. The trap team was equally asked to rush rap towards the spot as soon as signal was given by the Complainant. A pre-trap memorandum was prepared on 15th December, 1989 at 10.30 a.m. which was signed by the CBI Officers of the trap team, witnesses and the Complainant. All the witnesses and Complainant arrived near the Telephone Exchange, Ranchi where the Appellant had asked the Complainant to come with bribe money. The Complainant arrived in the premises of the Telephone Exchange the scheduled time on 15th December, 1989, closely followed by both the witnesses and other members of the trap team. The Appellant came across the Complainant near the entrance of the main building of Telephone Exchange. When the Complainant pretended to offer by taking out the bribe money on the subjective satisfaction of the Appellant, the latter assured the Complainant that his work would be done shortly and proposed to visit a hotel where he would accept money by enjoying tea together. The aforesaid conversation was heard by both the independent witnesses as well as the other members of trap team. The Complainant as well as the Appellant moved towards Maharaja hotel situated at the distance of about 100 yards away in the right side and occupied their seats. The witnesses followed them at some distance who also occupied their seats and took their position facing both the Complainant and the Appellant. The Appellant made some casual conversation with the Complainant and then demanded bribe amount. The Complainant then took out seven G.C. notes of Rs. 100 each duly treated with Phenolphthalein Powder from his upper pocket of wearing bush-shirt and offered to which the Appellant accepted the same by his right hand counted the same by using both his hands and thereafter, put it in his left side pocket of full pant. The whole transaction and conversation took place within sight and hearing of the independent witnesses and the other members of the trap team. The Complainant then gave the pre-fixed signal to the members of the trap team who immediately rushed and challenged the Appellant of having accepted illegal gratification from the Complainant, by disclosing the identity of each of them. Sri. B.N. Singh (PW9) asked the Appellant to produce the accepted bribe money as a result of which he blushed and reluctantly took out the bribe money from his pocket and put it on the table. The witness, Sri. S.P. Chouwdhury (PW 3) was asked to compare the number of the said G.C. notes presented by the Appellant with the numbers mentioned in the memorandum prepared earlier, which exactly tallied. The G.C. notes recovered from the possession of the Appellant were kept in an envelope. The fingers of left and right hands of the Appellant were washed separately and when mixed with the solution of sodium carbonate both the samples of solution turned pink. These solutions were kept in separate glass breaker. After such incident when the crowed started coming in the hotel it was difficult for the CBI officials to prepare a detailed post trap memorandum and also to observe other formalities like sealing of the notes, taking out the wearing full pant of the Appellant for washing the pockets etc. The Appellant was taken into custody and brought to the CBI Office, Ranchi for completing the formalities where his wearing full pant was obtained and when its left pocket was washed and put into the solution of sodium carbonate its colour changed into pink. The solution was preserved in a clean glass bottle, sealed and signed by all. The wearing of the full pant of the Appellant was also kept separately in an envelope which was sealed and signed by all. The Appellant could not give any explanation about demand and acceptance of the bribe money from the Complainant, Ashok Kumar Singh. A post trap memorandum was prepared, which was read over in presence of all the witnesses including the Complainant, signed by all of them and a copy of the memorandum was given to the Appellant who put his signature on original as acknowledgement of acceptance, List of search Memorandum of the Appellant was also prepared which was signed by the witnesses and the Appellant. The case was already registered (Exh.7) before the SP/ CBI/ Ranchi vide R.C. 19(A)/89-Ranchi on 15th December, 1989 at about 9 a.m. though the complaint was received on 14th December, 1989. It was explained therein that by the time preliminary enquiry was completed, it was already late in the evening and as such on the arrival of the S.P./CBI/ Ranchi in late evening of 14th December, 1989 the case was registered on 15th December, 1989.

(3.) The police after investigation submitted charge-sheet against the Appellant under Section 7 and 13(2) of the Prevention of Corruption Act, 1988 and accordingly, cognizance of the offence was taken. The CBI prosecution in support of its case produced and examined as many as 10 witnesses viz. PW1 S.K. Pandit, PW2 Jit Ram (tendered) PW3 Shankar Prasad Chowdhury (tendered) PW 4 A. Chako, PW 5 M. L. Sahani, PW 6 Vinay Kumar Sharma, PW7 Lt. Col. S.N. Singh, PW 8 Ashok Kumar Singh, PW9 Virendra Nath Sharma, PW10 Digvijay Bahadur Singh, Dy. S.P. Besides a good number of documentary evidence as well as material exhibits were proved by the prosecution. The specific defence of the Appellant before the Trial Court was denial of the charge and that he was made the escape goat to screen the main culprit Shri M.L. Sahani JTO in the Telephone Department.