- (1.) This criminal appeal takes exception to the judgment dated 2/8/2004 passed by the Special Court, Nagpur in Special Case No. 11/1990 convicting the appellant for the offence punishable under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and sentencing him to suffer simple imprisonment for one year and to pay fine of Rs. 1000/- and in default of payment of fine, to suffer further simple imprisonment for three months. The case of prosecution can be stated briefly as under: On the day of incident, accused was posted as Police Head Constable (Buckle No. 849) at Police Station, Khaparkheda. A report was lodged by Shobha, wife of complainant Damodhar Raut, against complainant, on the basis of which offence punishable under Section 498-A of Indian Penal Code was registered and investigation was carried out by accused. Accused called complainant to Police Station and informed him about fact of lodging of report by his wife against him and registration of crime and that in the said crime, complainant was to be arrested. At the same time, accused demanded Rs. 100/- from complainant for not immediately arresting him, which amount was paid on 7/10/1989. A few days thereafter accused again called complainant and his mother to Police Station, Khaparkheda for recording their statements. On their attending the Police Station, statement of complainant alone was recorded and at that time, accused demanded Rs. 200/-, upon which complainant informed accused that he had already paid Rs. 100/-. Accused informed that the said amount was not sufficient and, therefore, complainant agreed to pay further amount of Rs. 200/-. However, since complainant was not willing to make the said payment, he approached Office of Anti Corruption Bureau and submitted his report (Exh. 62).
(2.) On receiving the said report, P.W. 7 Deshmukh, Deputy Superintendent of Police, Anti Corruption Bureau arranged two panchas from Sales Tax Office being P.W. 1 Purushottam, who has acted as first panch and P.W. 4 Mahesh, who has acted as second panch. Both the panchas were introduced to complainant and they also verified contents of complaint (Exh. 62) from complainant. After they agreed to act as panchas, complainant and both panchas were given demonstration of chemical reaction of phenolphthalein powder with sodium carbonate solution, from which they learnt that when phenolphthalein powder comes into contact with sodium carbonate, colour of solution turns into purple. Complainant then produced amount of Rs. 200/-, upon which phenolphthalein powder was applied and same was kept in his chest pocket with instructions not to pay the bribe amount unless demanded by accused and to give signal by wiping his face by handkerchief after making payment. P.W. 1 Purushottam was instructed to remain with complainant and to hear conversation whatsoever takes place between complainant and accused while P.W. 4 Mahesh was instructed to remain with the raiding party. Panchanama of all these facts was recorded (Exh. 45).
(3.) Trap was accordingly laid at Police Station, Khaparkheda when complainant along with P.W. 1 Purushottam went to Police Station, Khaparkheda, however, did not find accused and on enquiry, they were informed that accused would arrive in a short time and, therefore, they went to nearby Tea Stall and waited for accused. In a short time, accused arrived, who was pointed out by complainant to be the same person, who had demanded bribe. It is the case of prosecution that looking to complainant, accused asked him whether the work was done, to which complainant answered in affirmative upon which accused said "Chal Aan, Chal De". Complainant, therefore, took out amount of Rs. 200/- from his shirt pocket and tendered it to accused, which he accepted and kept in the chest pocket of his shirt of uniform. Complainant then gave proposed signal, upon which members of the raiding team arrived on the spot and apprehended accused. The finger tips of accused as well as those of complainant were tested in the solution of sodium carbonate when it turned purple. Amount of Rs. 200/- was recovered from the shirt pocket of accused. Solution of sodium carbonate was sprinkled upon the currency notes as well as on the shirt pocket of accused when purple colour dots were found upon them. Panchanama of all these facts was drawn as per Exh. 52.;