Chatra Ram Jat, J. - (1.) This appeal is directed against the judgment and order dated 30.7.2002 passed by the Special Judge C.B.I. Cases Jodhpur, whereby he convicted the appellant for offences under section 7 and 13(1) (d) read with section 13 (2) of Prevention of Corruption Act, 1988 and sentenced as under : JUDGEMENT_162_LAWS(RAJ)5_2007_1.html Both the sentences will run concurrently.
(2.) The brief facts of this appeal which are necessary to dispose of this appeal, in nut shell, are as follows : According to the version of the prosecution, on 28th June, 1996, one complainant Sahdeo Prasad gave a written report Ex. P-18 to the Superintendent of Police, C.B.I. Jaipur stating that he was working in Mayur Raj Spinning and Weaving Mills Ltd., Haringpur, Gulabpura and he sustained injury to his finger while working on a machine on 22.6.1996, therefore, he approached to Medical Officer for medical sick leave from E.S.I. Hospital, Gulabpura. After examination. medical officer wrote a medical prescription detailing medicines on 24.6.1996 but refused to Issue medical certificate and demanded bribe of Rs. 50/- for issuance of the medical sick certificate. It was also narrated that being a poor worker of Bihar side, he is not in a position to pay Rs. 50/- and decided to be trapped the doctor for demanding bribe so he lodged report on said date before the S.P., C.B.I., Jaipur. Appellant Dr. Jagat Singh called him on 29.6.1996 with bribe money for said certificate and without money he will not issue any medical certificate to him so requested for legal proceedings. This was verified and seen by the C.B.I. Officers and thereafter five notes of denomination of Rs. 10/- each were given to Sahdeo Prasad after smearing in phenolphthalein powder which were having under mentioned details: JUDGEMENT_162_LAWS(RAJ)5_2007_2.html The above said Government currency Notes were smeared with phenolphthalein powder. A demonstration for application, use and importance of phenolphthalein and Sodium carbonate powder during trap proceedings given by Shri Banshidhar-Head Constable and currency notes were given to Shadeo Prasad (decoy) complainant which he kept in left hand side upper pocket of wearing shirt. At this stage Shadeo Prasad was also instructed not to touch the said G.C.. notes till he passes the same to Dr. Jagat Singh Choudhary, on his demand. He was also instructed not shake hand with Dr. Jagat Singh at any stage and gave signal by putting his hand over his head after passing of bribe amount to Dr. Jagat Singh having obtained the Medical fitness certificate. Similar instructions were also given to the witnesses to remain close to the complainant and try to over here the conversation likely to take place between Dr. Jagat Singh and Shadeo Prasad if possible and also try to watch the transference of bribe amount. Similar instructions were given to all the party members. Shri Sanjay Sharma witness was asked to remain close to Shadeo Prasad and act as shadow witness. All these contents were signed by members of the trap party.
(3.) On the basis of the above written report by Sahdeo Prasad (decoy), a trap was prepared by the team of C.B.I. Officers and doctor was caught red handed and recovered the said money of Rs. 50/- with the aforesaid five notes having same numbers each from upper pocket of the shirt of appellant Dr. Jagat Singh and when pocket of the shirt was washed then water turned into pink colour.;