- (1.) THE instant appeal has been filed by the appellant Kaushal Kumar Garg challenging the judgment dated 31.3.2000 passed by the learned Special Judge cum Sessions Judge (Prevention of Corruption Act Cases), Jodhpur in Criminal Case No.56/1997 (8/1992) whereby he was convicted and sentenced as below : U/S 7 of P.C. 6 months' S.I. and a fine of Rs.1,000/ -, in Act. default of payment of fine, to further undergo 2 months' S.I. U/S 13(1)(d) 1 year's S.I. and a fine of Rs.1,000/ -, in r/w 13(2) of default of payment of fine, to further P.C. Act. undergo 2 months' S.I. Both the sentences were ordered to run concurrently. Succinctly stated, the facts of the case are that one Surta Ram Choudhary, the complainant, submitted a written report Ex.P/1 before Sh. Kheta Ram, Inspector Rajasthan State Bureau of Investigation, Barmer on 18.1.1991. As per the allegation levelled in the report, the complainant was having an electric connection at his agricultural field. The first bill of the said electric connection was raised by the department for a sum of Rs.1141/ -. He felt that the amount of bill was excessive on which he approached Mr.Jethmal, Assistant Engineer in the electricity department on 17.1.1991. At that time, Ganga Ram s/o Kesra Ram Jat accompanied him. The Assistant Engineer instructed the complainant to meet Mr.Garg, the accountant and told him that his problem could be solved by Mr.Garg. He met the accountant Mr.Kaushal Kumar Garg (the appellant) posted at Electricity department, Dhorimana on the day prior to filing of the report and requested him to reduce his bill. It was further alleged that the appellant told the complainant that the bill of Rs.1141/ - had been deliberately sent by him and demanded an illegal gratification of Rs.300/ - for issuing a fresh reduced bill. The accountant further threatened the complainant that if the bribe was not paid, the next bill would be raised for even a higher amount by imposing a penalty. The complainant was instructed that if he desired to have the bill amount reduced, then he should meet the accountant in the office on 18.1.1991 with a sum of Rs.300/ -. The appellant informed the complainant that if he was unavailable in the office, then he could be approached at his residence. The complainant alleged that the appellant assured him that a fresh bill for a reduced amount would be issued to him on the bribe being paid. The complainant further alleged that he did not intend to pay the bribe and wanted to have the accountant trapped red handed.
(2.) THE complainant submitted his electricity bill to the Inspector and informed that he had brought Rs.300/ - with him. He also informed that the appellant was habitual of raising such exaggerated fictitious bills against the rural consumers. Thereafter, when the consumers greased the accountant's palms, then he would issue a fresh bill for the reduced amount and destroyed the fabricated bill. The complainant also stated that he was not having any prior financial transaction or enmity with the accountant Mr.Garg. On receiving the said report, the Inspector initiated trap proceedings at 1:30 P.M. on 18.1.1991. The Constable Mr.Amar Singh was given a requisition for calling two Government employees to act as shadow witnesses (motbirs). Amar Singh returned with Chuna Ram Vishnoi a Teacher posted at Dhorimana and Tulsa Ram Vishnoi posted as Patwari, Dhorimana to stand as shadow witnesses in the trap proceedings.
(3.) THE report submitted by Surta Ram the complainant was read over to the witnesses in his presence. Surta Ram admitted the contents of the report in the presence of the witnesses and confirmed that the report had been submitted by him. He handed over three currency notes of Rs.100/ - each to the Inspector for being utilised as the trap money. The trap proceedings were rehearsed in the presence of the complainant and the witnesses. The notes were initialled by the Inspector and phenolphthalein powder was applied to them. The complainant was handed back the tainted currency notes with the instruction that he should pass the same to the accused on his demand. The complainant was also instructed to give a signal by brushing his hand on the head as soon as the accused accepted the bribe. The shadow witnesses were instructed to try to overhear the conversation which preceded the passing on the bribe and also to see the transaction. The trap party thereafter proceeded to the R.S.E.B. office, Dhorimana. The complainant was sent to the R.S.E.B. office and the members of the trap party took their respective positions in and around the office. At about 4:30 PM, the complainant gave the pre -arranged signal, on which the Inspector and the other members of the trap party rushed to the premises of the R.S.E.B. Office. The accountant (appellant) was seen standing with the complainant near the official jeep of R.S.E.B. Chuna Ram, the shadow witness, was also standing nearby. The Inspector introduced himself to the accused accountant. He was taken inside the office and was made to sit on a chair. On being asked about having accepted the bribe from the complainant, the accused panicked. A little later, he mulled over and then conceded that Surta Ram had given him Rs.300/ - which he placed in his trouser's pocket. On being enquired about the purpose of accepting the amount, the accountant replied that the amount had been given by Surta Ram voluntarily for issuing a scaled down revised electricity bill. The hands of the accused were washed in a solution of Sodium Carbonate. The wash turned pink and was sealed in glass bottles. The accused was asked to present the currency notes. He took out the notes from the right side back pocket of his trousers. On tallying, the number on the notes matched with the notes submitted by the complainant. The notes bore the initials of the Inspector. The accused was asked to hand over the trousers worn by him. A fresh pair of trousers was arranged from his official residence. He was made to change the trousers. On washing the trouser's pocket in a solution of Sodium Carbonate, the colour thereof also turned pink and was also sealed in glass bottles.;