M.A. Siddiqui, J. - (1.)THIS appeal has been filed by the appellant against the judgment dated 19.05.2000 delivered by Ist Addl. Sessions Judge and Special Judge, Prevention of Corruption Act, 1988, Chhatarpur in Special Case No. 6/98whereby the appellant has been convicted for alleged offence punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act") and sentenced to R.I. for two years and fine of Rs.1,000/-, in default of payment of fine to further undergo S.I. for six months.
(2.)IN short, the facts of the case are that appellant was posted as Accountant in Primary Health Centre (hereinafter referred to as "PHC"), Rajnagar, District-Chhatarpur. At that time, Dr. Ashok Tiwari (PW.1) (for short "complainant") was working as Assistant Civil Surgeon in Civil Dispensary, Chandranagar in the year 1996. Dispensary of complainant was under the control of PHC, Rajnagar. As arrears of pay near about Rs.10,000/- were to be paid to complainant in respect of which the bills were to be prepared by the Accountant, appellant asked 25% of the arrears, about Rs.2,000/-, in bribe. Complainant was asked to come with the money on 26.10.96 to which complainant asked that why this amount was being demanded, appellant said that he had incurred the expenditure in the treasury for getting the bills passed by the treasury so he is demanding Rs.2,000/- to which complainant said that some concession may be given. Then appellant told complainant to give Rs.1,000/- in cash and remaining amount in form of contingency bill for some family planning camp, etc. So, it was asked that Rs.1,000/- be given in bribe by the complainant on 26.10.96. As complainant did not want to give the bribe so he approached office of SPE, Lokayukta, Sagar on 25.10.96 and submitted complaint Ex.P/1. For verification, complainant was asked to record the conversation on tape recorder, the conversation was got recorded on tape recorder on the same day, and complainant handed over the tape recorder along with the cassette in the office of SPE, Lokayukta, Sagar for which panchnama Ex.P/3 was prepared by A.K.Dubey (PW.5) INspector, Lokayukta Police, Sagar. After being satisfied, trap was arranged by P.K. Guru, INcharge, Deputy Supdt. of Police, Lokayukta on the basis of complaint Ex.P/1 given by complainant and A.K.Dubey (PW.5) was ordered to arrange for a trap.
A.K. Dubey (PW.5) registered crime under Section 7 of the Act vide Ex.P/11 at Sagar on the basis of transcript version on tape recorder Ex.P/12. P.S.Kirar (PW.2)Assistant Soil Conservation Officer, Sagar and A.K.Jain (PW.3) Assistant Engineer, Ph.E., Sagar were called by SPE, Lokayukta on 25.10.96. In the evening they reached the office of SPE, Lokayukta, Sagar. They were introduced and apprised with the complainant and they also heard conversation recorded on tape recorder by the complainant. Then complainant tendered 10 notes of Rs.100/-each, numbers of which were noted down by P.S.Kirar (PW.2). On these currency notes, phenolphthalein powder was applied through constable Rajesh Sonkar (PW.4). Tainted notes were kept in front pocket of shirt of complainant and he was asked not to touch them before giving the same to the appellant. Handsof Rajesh Sonkarwho applied phenolphthalein powder were washed with the sodium carbonate, solution turned into pink which was seized in bottle. Rajesh Sonkar was not made member of the trap party. Trap party consisting of A.K.Dubey (PW.5), complainant, P.S.Kirar (PW.2), A.K. Jain (PW.3), Shivshankar Dubey (PW.6) , Rajendra Singh (PW.7), L.N.Yadav, Sub-Inspector headed by Deputy Supdt. of Police Surya started in two jeeps from Sagar to Rajnagar, District- Chhatarpur late in the night on 25.10.96. They halted for few hours at Bada Malhara and early in the morning at 9 AM on 26.10.96, they started towards Rajnagar and reached there in the noon. Jeeps were stopped at some distance from PHC and complainant was sent to contact appellant and shadow witnessesP.S.Kirar (PW.2) and Constables Shivshankar Dubey (PW.6) and Rajendra Singh (PW.7) were sent just after him. Within few minutes, they came back and informed that appellant was not available, he will come at 4 PM in the evening. As nearabout three hours were there so trap party visited Khajuraho, a famous place which is nearabout 5-6 kms. away from Rajnagar. In the evening at 4 PM trap party came back to Rajnagar hospital and asked complainant to go to appellant, and after him P.S.Kirar, Rajendra Singh and Shivshankar were sent by leader of the trap party, witnesses Jain and Yadav were also sent. A.K.Dubey (PW.5) also reached to the verandah in front of room of appellant. Complainant Dr. Ashok Tiwari (PW.1) reached in the room of appellant and sat on a chair. Then, complainant asked for his payment of arrears to which appellant asked him whether complainant brought Rs.1,000/- for him, complainant took out Rs.1,000/- from his pocket of shirt and gave the same to the appellant, appellant after taking the notes counted them and put it into the drawer of the table. The complainant was asked to do the signature on the payment register etc., after putting the signature, complainant gave the instructed signal, on which trap party went inside the room and caught hold the appellant and recovered the tainted notes from the drawer of table of appellant. Hands of appellant, P.S. Kirar who took out the notes from the drawer and hands of complainant were washed by sodium carbonate, the solution turned into pink, notes were also washed, the solution became pink. Solutions were seized and sealed in bottles and notes were seized vide Ex.P/6. Registers and pass book of PHC were also seized vide Ex.P/10. Spot map Ex.P/13 was prepared. Appellant was arrested vide Ex.P/8 and released on bail. Inventory vide Ex.P/7 was made. Memorandum of trap proceedings Ex. P/5 was made by A.K.Dubey (PW.5). From the treasury of Rajnagar, arrears documents vide Ex.P/14 and P/15 were seized and they were given on Supurdgi. During investigation, the seized solutions and samples of powder were sent for their chemical examination to FSL, Sagar . Whole proceeding was recorded and crime was registered vide Ex.P/11 by A.K.Dubey (PW.5) and it was sent for registration to SPE, Lokayukta, Bhopal where it was registered vide Ex.P/17.

After usual investigation and after taking valid sanction Ex.P/18 to prosecute the appellant, charge sheet was filed in the Court of Special Judge, Chhatarpur.

(3.)ON charges being framed, appellant pleaded false implication. His defence, as per his statement under Section 313 of Cr.P.C., was that complainant who was a Doctor wanted that appellant should help him in the wrong deeds and on being refused, he was annoyed with the appellant, so he falsely implicated the appellant in this case.
Prosecution examined as far as 7 witnesses to substantiate its case viz., Dr.Ashok Tiwari (PW.1), , P.S.Kirar (PW.2), A.K. Jain (PW.3), Rajesh Sonkar (PW.4), A.K.Dubey (PW.5), Shiv Shankar Dubey (PW.6) and Rajendra Singh (PW.7).