Hon'ble B.S. Verma, J. -
(1.) THIS appeal, under Section 374 of Criminal Procedure Code, has been preferred against the judgment and order dated 24 -7 -2002, passed by Smt. Indira Ashish, Special Judge, C.B.I./Anti -Corruption, Dehradun, in C.B.I. Case No. 19 of 1996, C.B.I. Versus Kali Charan Verma, convicting the accused/appellant under Section 7 of Prevention of Corruption Act and sentencing him to undergo Rigorous Imprisonment for one year and to pay a fine of Rs. 1000/ -, and in default of payment of fine to further undergo R.I. for three months and further convicting the accused/appellant under Section 13(1)(d) read with section 13(2) of Prevention of Corruption Act and sentencing him to undergo Rigorous Imprisonment for two years and a fine of Rs. 2,000/ -, and in default of payment of fine to further undergo R.I. for six months. However, it was directed that both the sentences shall run concurrently.
(2.) BRIEF facts of the case are that complainant Sri Sudhir Kumar son of Sri Mahendra Singh R/o 594/11/111, B.H.E.L., Haridwar is a contractor by profession and he was given contracts by B.H.E.L. Factory Haridwar. Contract No. 61/CF/11/CA/WO/93 -94 dated 20 -12 -1993 was completed by him on 15 -9 -1995 and contract No. 57/FS/CA/WO/95 -96 dated 20 -8 -1995 was completed by him on 20 -8 -1996. At that time accused Kali Charan Verma was posted as Sanitary Inspector in Horticulture Office in Civil Factory of B.H.E.L. Haridwar. On 20 -8 -1996, Contractor Sudhir Kumar after completion of contract works, submitted application for refund of security amounting to Rs. 2,161/ - and Rs. 1,738/ -, to accused Kali Charan Verma. On 30 -8 -1996 Sri Sudhir Kumar also met personally to accused to expedite the refund of his security. The accused demanded a sum of Rs. 500/ - as bribe from the complainant Sudhir Kumar so as to forward the papers of refund of security to the higher authorities. At this the complainant, contacted in the office of Superintendent of Police, C.B.I. Dehradun on phone and he was informed by the C.B.I. that Inspector P.K. Chaudhary is staying at Retiring Room, Railway Station Haridwar in connection with some government work and he should meet him in the morning at 6.00 am on 31.8.96. Then he prepared complaint Ext. Ka.12 addressed to Superintendent of Police, C.B.I. Dehradun, and handed it over to Inspection C.B.I. Sri P.K. Chaudhary on 31.8.1996 at 6 a.m. at the retiring room of Railway Station, Haridwar. On receiving the complaint, Sri P.K. Chaudhary, prepared the F.I.R. of R.C. 00 (A)/1996 DAD and started the proceeding to trap the accused red -handed at 7 a.m. in retiring room No.5 in the presence of Sub -Inspector Sri R. Chahal, Constables Kalam Singh and Bhairav Dutt and independent witness Pratap Singh Rawat and Sri V.S. Rawat, Assistant Manager, Punjab National Bank, Regional Office, Haridwar and prepared pre -trap memo Ext. Ka.5. During the pre -trap proceeding, the witnesses were satisfied that in -fact the complaint of the complainant is true. The trapping team also demonstrated all the formalities relating to trap, in which plain paper containing phenolphthalein powder (in short P.P. powder), were kept in envelope D -2 after touching the fingers of right hand of witness V.S. Rawat. After dipping the fingers of Sri V.S. Rawat in the colorless solution of water and Sodium Carbonate kept in a tumbler, it turned in rosy colour and the same was kept in a phial D -1, got sealed and all the witnesses signed it. Thereafter five notes of Rs. 100/ -each, bearing numbers 25 -P -141830, 1 -GV -44413, 6 -CS -554411, 7 -ES -748224 and 2 -PV -563881, which were intended to be given to accused in bribe, were shown to witnesses and P.P. powder was applied to these notes by constable Kalam Singh and remaining P.P. powder was kept in a separate envelope D.3 and proper instructions were given to the trapping team. Witness Pratap Singh Rawat was asked to follow the complainant Sudhir Kumar in order to witness the incident of taking bribe and to hear the talks between the complainant and the accused. The complainant was instructed that after giving bribe to the accused, he will give the signal to trapping team by touching his head by his right hand and similarly the witness Pratap Singh will give signal to other members of trapping team. The notes applied with P.P. Powder were kept in the front pocket of shirt of the complainant and he was instructed not to touch them, until bribe is not demanded from him and after demanding bribe by accused from him, he would give them to the accused and beside these notes he would not keep any other thing with him. All the members of trap team as well as the witnesses were also searched and nothing was found with them. It was also assured after washing the hands of the team members by soap that no part of P.P. Powder is present on their hands. All these proceedings were started at 7 a.m. and was completed at 8.15 a.m. and after preparing pre -trap memo all the present persons signed its all pages. The further case of C.B.I. is that at 9 a.m. on 31.8.1996, complainant Sudhir Kumar and witness P.S. Rawat went in a scooter in the office of accused and other team members went there in a Maruti Van after taking permission to go inside the office. There accused demanded the sum in bribe from the complainant, which was given to the accused by Sudhir Kumar after taking out the same from his right hand from the left front pocket of his shirt. The accused took these notes from his right hand and kept in side the drawer of table. At this the complainant as well as the witness Pratap Singh Rawat as per directions, given to them, signaled the trap -team members. The Inspector Sri Chaudhari and Sub -Inspector Sri Chahal introduced themselves to the accused and got arrested the accused and caught hold of his both the hands. On disclosure by Sudhir Kumar that the accused has kept the notes inside the drawer of the table, C.B.I. Inspector Sri Chaudhary asked the another witness V.S. Rawat to take out the notes from the drawer of the table and he took out five notes of Rs. 100/ - each from the drawer and tallied their numbers from the numbers of notes mentioned in pre -trap memo and they were bearing the same numbers. At the spot the fingers of right hand of the accused were drowned in the solution of water and sodium carbonate and the colour of water became rosy. This water was kept in R -1 phial and it was sealed and signatures of witnesses were obtained on it. This R -1 phial is Material Ext. 6. The notes recovered in bribe were kept in an envelope R -1 which is Material Ext. 12. It was also sealed and signatures of witnesses were also obtained on it. Then after dipping the fingers of left hand of accused in the solution of water and sodium carbonate, the water did not change its colour. Recovery memo Ext. Ka.6 was prepared at the spot and it was signed by the trap -team and the witnesses and after giving a copy of it to the accused, signature of the accused were also obtained on it. Search and arrest memo of accused, Ext. Ka.7 was also prepared, copy of which was also given to the accused and his signatures were also obtained.
(3.) THEREAFTER the trap -team made search of the office and residence of the accused and search lists Ext. Ka. 8, Ka.9, Ka.10 and Ka.11 were prepared, copies of which were also given to the accused after obtaining his signatures. The site -plan Ext. Ka.19 was also prepared. Thereafter the accused in arrest condition along with other documents, was presented before S.P., C.B.I. Dehradun, on whose order, Ex. Ka.12/2, F.I.R. Ext. Ka.20 was lodged. Thereafter the investigation of the case was handed over to Sri O.P. Parera, Inspector C.B.I./Special Establishment, Dehradun, on the orders of S.P., C.B.I. Dehradun, who after completing the investigation, submitted charge sheet Ext. Ka.21 against the accused.;