Rajani Dubey - (1.)This appeal arises out of the judgment of conviction and order of sentence dtd. 31/8/2007 passed by the Special Judge (Prevention of Corruption), Durg (C.G.) in Special Case No.01/2002 convicting the accused/appellant under Ss. 7 and 13 (1) (d) & (13) (2) of Prevention of Corruption Act, 1982 (for short 'the Act 1988') and sentencing him to undergo S.I. for one year with fine of Rs.1000.00 and R.I. for two years with fine of Rs.1000.00, plus default stipulation respectively.
(2.)The prosecution case, in brief, is that a complaint was submitted by complainant Santosh Mishra (PW/3) against Wasiuddin Siddiqui (appellant), who was posted as Assistant Engineer in Chhattisgarh Rajya Vidyut Mandal at Kohka, Bhilai, alleging therein that the appellant demanded illegal gratification of Rs.500.00 for issuing demand note for electric connection of complainant's Shop No.B-94 situated at Smriti Nagar, Bhilai. The complainant did not want to give bribe and, therefore, after making panchanama of giving tape-recorder for verification of complaint (Ex.P/4), a tape recorder was given by installing a new blank cassette for the same.
(3.)After due procedure, the complainant again met the applicant. On 14/7/2000, the complainant informed the official of Lokayukt over telephone that he recorded the conversation regarding bribe and the appellant has called him to his office on 17/7/2000 with bribe amount. On 17/7/2000, he could not go to Raipur because of continuous rain and the complainant was asked to meet him (appellant) at Bhilai hotel and witnesses namely B.K. Dhruv (PW/4) and Ramsharan Pal (PW/10) were summoned. After constituting trap team, it left for Bhilai hotel in a Govt. jeep, where they met with the complainant in Room No.1 of the hotel. The complainant handed over a complaint upon which an First Information Report and dehati nalishi was registered on Crime Number 0/2000 and proceedings were initiated under the Act, 1988. The complaint letter and tape recorder were read over by the witnesses. Number of five currency notes of Rs.100.00 each, total Rs.500.00, which were to be given as bribe, were mentioned in the initial panchanama (Ex.P/8). Phenolphthalein powder was applied on the said notes. The said notes, after due search, were kept in the left pocket of complainant's shirt and it was directed that only on demand of the appellant, the amount of bribe be given and thereafter point the hand over head. The trap party parked their Govt. vehicle a short distance away from the Electric Board Office and sent the complainant to appellant's office. Further case is that complainant entered the office of present appellant and handed over the bribe money, which was kept by the appellant on blank paper on his table. The trap party, thereafter, entered the office of appellant and the hands of the complainant and appellant were separately washed with sodium carbonate, which turned pink and proper panchanama (Ex.P/12) was prepared in respect of currency notes as well as the water which turned pink and seized vide Ex.P/2. Based upon the trap conducted by the police, statements of the witnesses were recorded under Sec. 161 of Cr.P.C. Spot map was prepared vide Ex.P/13. Numbered FIR was registered on 21/7/2000 vide Ex.P/24. Seized articles were sent for its chemical analysis to FSL, Sagar vide Ex.P./25. According to which, report of sodium carbonate, phenolphthalein and acid alkaline found to be positive. The charge-sheet was filed against the appellant and on 4/12/2001, sanction for prosecution was granted in the matter vide Ex.P/1 and charges were framed on 27/2/2002.