Ashim Kumar Roy, J. - (1.) The appellant Arun Kumar Bhattacharya and another were tried and convicted under section 7 of the Prevention of Corruption Act, 1988 read with section 34 of the Indian Penal Code as well as under section 13 (1) (d) read with section 13 (2) of the Prevention of Corruption Act read with section 34 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for 2 years and to pay a fine of Rs. 5,000/- in default rigorous imprisonment for 3 months and to suffer rigorous imprisonment for 3 years and pay a fine of Rs. 5,000/- and in default to suffer rigorous Imprisonment for 3 months respectively in a trial held before the Special Court, 24-Parganas, South at Alipore. While the appellant challenged his order of conviction and sentence in the instant appeal the other convict Sambhu Nath Samaddar challenged the same in Criminal Appeal No. 110 of 2001.
(2.) Heard. Mr. Ashok Biswas, the learned Advocate appearing on behalf of the appellant. Mr. Ranjan Roy, the learned Advocate appearing on behalf of the C.B.I. Mr. Swapan Kumar Mallick, the learned Advocate along with Mr. Prabir Kumar Mazumdar, the learned Advocate appearing on behalf of the State. Perused the materials on record.
(3.) The prosecution case, in a nutshell are as follows, "On December 7, 1995, one Md. Abdul Ohab who happened to be the Secretary of Southern Health Improvement Samity lodged a complaint with the Superintendent of Police C.B.I., Kolkata. It was alleged in the said complaint that since 1986 the said Samity was enjoying exemption under section 80-G of the Income Tax Act and in April, 1995 they applied for extension of such benefit. Following such application for extension on November 17, 1995, the appellant and the accused Arun Bhattacharya both of Income Tax Department visited the office of the Samity at Bangur, at that time both of them disclosed the documents are not sufficient and on that basis no exemption can be recommend. They further insisted for payment of Rs. 25,000/- as illegal gratification so that for getting exemption there will be no difficulty as they would manage everything. The complainant was then asked to meet them at their office on December 4, 1995 in the evening. On December 4, 1995 when 1 he complainant met the said accused persons at their office hey reduced their demand to Rs. 20,000/- and asked to come with the said money on December 8, 1995. As the complainant did not inclined to concede with their illegal demand on December 7, 1995 he met the Superintendent of Police, C.B.I., Kolkata and submission a written complaint stating entire aforesaid facts. The C.B.I. officials decided to lay a trap to apprehend the accused and the complainant P.W. 1 was asked to come to C.B.I. office on December 8, 1995 with a cash money of Rs. 20,000/-. Accordingly, the requisition was sent to two a witnesses viz. P.W. 3 Mr. S. Chandane and P.W. 4 Mr. G.C. Kundu for being present at the time of raid. On December 8, 1995 the complainant came to the office of the C.B.I. with a cash money of Rs. 20,000/- as also both the trap witnesses viz. P.W. 3 Mr. S. Chandane and P.W. 4 Mr. G.C. Kundu when they were introduced to each other. At that time D.S.P. apprised the said trap witnesses and the complainant in details as to how such trap would be led and what would be their respective roles in such trap and a pre-trap memo was prepared. The currency notes which were brought by the complainant were smeared in phenolphthalein powder and everything was noted in the pre-trap memo. Thereafter, as per the arrangement the raiding party of the C.B.I. officials along with the complainant and the trap witnesses had been to the Income Tax Office at Bamboo Villa at about 4.00 p.m. As decided earlier the complainant with the money went to the accused Arun Bhattacharya at his office while the C.B.I. officials with the trap witnesses were waiting at a little distance. At that time, accused Arun Bhattacharya asked the complainant whether the money has been brought or not and as he stated that he has brought the money he was asked to seat there. Within 10 to 15 minutes, the other accused Sambhu Nath Samaddar came there when the complainant and the said two accused persons came down to the ground floor while the trap witnesses along with the C.B.I. officials also followed them. Reaching ground floor and complainant and the accused persons came to the main road and as they reached near the Ambulance of Samity in which the complainant came there, standing in front of Prat Memorial School, followed by the C.B.I. Officials and the trap witnesses, as asked by the accused Arun Bhattacharya the appellant handed over to him the said currency notes of Rs. 20,000/- smeared with phenolphthalein powder and in turn the accused Arun Bhattacharya handed over the said currency notes to the accused Sambhu Nath Samaddar who after counting the same put it inside his pant pocket. At that point of time the complainant gave signal to the police party. When the C.B.I. officials standing nearby along with the trap witnesses arrived there disclosed their identity and apprehended both the accused persons. Thereafter, another pot was brought in which the accused Arun Bhattacharya was asked to wash his hands in soda solution and as he washed his hands with such solution it turned pink. Then the said solution was poured into a bottle and sealed and labelled. Similarly, the accused Samaddar also washed his hands in that solution and the solution which turned pink was also kept in a bottle sealed and labelled. The wearing apparels of accused Samaddar was also taken away and same was also washed with the soda solution and as earlier the said solution turned pink and was kept in a bottle. Thereafter, those Government currency notes were seized and a search list Exhibit-3 was prepared in presence of the witnesses mentioning the entire incident as to how the trap was led and the accused was caught, which was duly signed by the witnesses and the complainant, a copy thereof was also handed over to the accused persons which they took by putting their signatures. A post trap memorandum was prepared and the accused persons were arrested." On completion of investigation charge-sheet was submitted against both the accused persons. Thereafter, both the accused persons Arun Bhattacharya and Sambhu Nath Samaddar were placed on trial before the learned Special Judge. Alipore, 24 - Parganas (South) to answer a charge under section 7 and section 13 (2) read with section 13 (1) (d) of the Prevention of Corruption Act, 1988 read with section 34 of the Indian Penal Code, and both of them pleaded not guilty and claimed to be tried.;