Decided on April 06,2021

GIRIRAJ Appellant


Vivek Rusia,J. - (1.) The appellant has filed a present appeal under Section 374 of Cr.P.C. against the judgment dated 29.08.2019 passed by Special Judge, Prevention of Corruption Ac , (hereinafter referred as " PC Act "), Neemuch in Special Case No.300002/2016 whereby the appellant has been convicted for the offence punishable under Section 13(1) (d) read with Section 13(2) of I.P.C. Act and sentenced to 4 years R.I. with fine of Rs. 4,000/- with default stipulation. The case of the prosecution, in short, is as under: 1. On 03.08.2015 near about 10:30 complainant Kailash Malviya (PW-1), visited the office of Special Police Establishment, Ujjain (Lokayukt) and submitted a written complaint (Ex.P/1) to the effect that he is a resident of Gram Panchayat Fofaliya, Tehsil- Jeeran, District -Neemuch and had submitted an application for allotment of the land on lease under Mukhyamatri Awas Yojna. On 01.08.2015, for the aforesaid work, he met Secretary Giriraj Jat, secretary of Gram Panchayat Fofaliya (hereinafter referred to as the appellant). For grant of land lease, he has demanded Rs. 2,000/- as a bribe. According to the complainant, he is not willing to give a bribe to him and wants him to be caught while accepting a bribe The said application was entertained by the Superintendent of Police and handed over to SI Shri Dinesh Rawat (PW-10) for verification of its genuineness. Shri Rawat gave a digital voice recorder to the complainant and explained to run it. In order to verify illegal demand by the appellant, the complainant was directed to record the conversation with the appellant about the demand of bribe and for this work constable Sunil Parsai (PW-7) was sent along with him. After recording such conversation secretly, he handed over the voice recorder to Dinesh Rawat (PW-10), who heard and recorded its satisfaction about the demand of bribe by the present appellant from the complainant. The complainant was asked to submit another written complaint to the Superintendent of Police EPS. The transcript of the said conversation was prepared and FIR was registered as Crime No.0/35/15 under Section 7 of the P.C. Act on 13.08.2015.
(2.) Thereafter, Shri Rawat has constituted a trap team in order to catch the present appellant red-handed while accepting the bribe of Rs.2,000/-. Dinesh Rawat has brought entire facts to the knowledge of S.P. Vide letter dated 05.08.2015, the Superintendent of Police has requested Additional Collector, Ujjain to send two independent witnesses. Additional Collector vide order dated 06.08.2015 has sent Dr. Bhupendra Patidar V. A.S. and Shri A.R. Negwanshi, Assistant Superintendent, Polytechnic College, Ujjain as Panch witnesses. The complainant and Panch witnesses reached the S.P. Office at 07:00 am of 06.08.2015. Both the complainants were read over by the I.O. before the witnesses and complainant. The complainant has admitted the contents of the complaints to be true. The voice recorder was played and the complainant has admitted his voice and the voice of the appellant in front of the witnesses and it was again kept in the sealed cover. CD was prepared and it was kept along with certificate under Section 65-B of the Indian Evidence Act.
(3.) The complainant was directed to arrange Rs. 2,000/- in the denomination of Rs. 500- 500. The complainant has arranged the currency and gave it to the I.O. The Phenolphthalein power was applied in the said currency and it was given to the complainant for handing over to the appellant and he was explained about the manner of giving the signal to the member of trap team after handing over the tainted money to the appellant. The team left the office Superintendent of Police in two government near about 09:00 am and reached the Panchayat Bhawan, Jeeran. The complainant along with two shadow witnesses namely constable Sunil Parsai and Constable Sandeep Kadam was sent inside the Panchayat Bhawan. The complainant went inside the Panchayat building and handed over the bribe money to the appellant and immediately gave a signal. The two witnesses immediately entered inside the Panchayat building and caught hold of both the hands of the appellant. The remaining members of the team went inside and found the appellant sitting on the chair and Dinesh Rawat I.O.gave his introduction and the introduction of other members to him. The appellant disclosed his name as Giriraj, Secretary, Gram Panchayat Fofaliya. Solution of sodium carbonate powder was prepared which was colourless. The appellant dipped both hands in the said colour, which turned into pink colour. The tainted note was recovered from the left pocket of his shirt. They were checked and verified to be the same given by the complainant. The trap team conducted the necessary remaining procedure, appellant was arrested and released on bail upon furnishing surety. For the remaining investigation, the Superintendent of Police authorized Shri Basant Shrivastava, who completed the investigation and filed the Final Report ( Chalan) before the competent court.;

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