- (1.) Jaya Roy, J. The appellant has filed this appeal for setting aside the Judgment of conviction and sentence dated 17.02.2007 passed by the VIIth Additional Judicial Commissioner-cum-Special Judge, C.B.I., Ranchi in R.C. No. 10(A) of 2000(R) whereby the appellant has been convicted for the offence under Sections 7 and 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988. He is sentenced to undergo R.I. for three years under Section 7 of the RC. Act and he is further sentenced to pay a fine of Rs. 10,000/-. In case of default, he will further undergo simple imprisonment for two months. The convict is further sentenced to undergo rigorous imprisonment for five years under Sections 13(2) read with 13(1) (d) of the P.C. Act and sentenced to pay a fine of Rs. 30,000/-. In case of default in payment of fine, the convict will further undergo simple imprisonment for six months. All the sentences will run concurrently. The prosecution case in brief is that the complainant Ladle Hassan had applied for loan of Rs. 1,00,000/- under Prime Minister Rojgar Yojana. The application for loan was submitted before District Industrial Centre in the year 1999-2000 and the complainant was selected by the District Industrial Centre and his loan application was forwarded to local branch of Central Bank. It is further alleged that thereafter the complainant had met with Madan Mohan Singh, Branch Manager of Balumath Branch of the Central Bank in connection with his loan application for several times. On 10.9.2000 when the complainant went to the accused Madan Mohan Singh regarding the loan application, he asked him to give Rs. 10,000/- and further told him that when he will give the said amount, then his work will be done. Inspite of the several request of the complainant, the accused did not agree. He asked the complainant to pay him Rs. 10,000/- on 11.9.2000. As the complainant did not want to pay the aforesaid bribe amount to the accused, he submitted a written complaint to the S.P. C.B.I. Ranchi for taking action against the accused. After filing the written complaint, the allegation was verified by Sri B.N. Singh Inspector and after submission of the Verification Report, a regular case under Section 7 of the P.C. Act was registered against the accused appellant. Thereafter a trap team was constituted consisting of Sri A. Prasad, Deputy S.P., Binay Kumar, B.N. Singh both Inspector, H. Bahuguna, S.I., C. Mahto and Mahesh Kumar both constable. The complainant Ladle Hassan was instructed to be present at 12.30 hours with Rs. 10,000/- to be used as bait for catching Madan Mohan Singh accused red handed while demanding and accepting the bribe. Services of two independent witnesses Kalyan Khalkho and Francis Lakra were requisitioned from the Income Tax Department who reported to Sri A. Prasad, Dy. S.P., C.B.I., Ranchi at 12.15 hours. All the trap team members and both the independent witnesses and the complainant Ladle Hassan assembled in the office room of Sri A. Prasad, Dy. S.P., C.B.I. at about 12.30 hours.
(2.) Thereafter, they were told the purpose for which they have been called and the written complaint of the complainant was shown to them. The purpose and use of phenolphthalein powder and its reaction with solution of sodium Carbonate in plain water have also been explained to them with an elaborate practical demonstration and also directed about their part to play and they were properly briefed. Thereafter, the memorandum of all the Pre-trap Proceedings was prepared and after it was read over and explained to them, all the persons so assembled, put their signature over the said Memorandum. Thereafter, they proceeded for Balumath.
(3.) The further case of the Prosecution is that after reaching Balumath, at about 7.15 P.M. the complainant Ladle Hassan was asked to contact the accused M.M. Singh, branch Manager, Central Bank of India, Balumath Branch at his residence. The complainant Ladle Hassan (P.W. 5) along with shadow witness Kalayn Khalkho (P.W. 2) went to the residence accused. The C.B.I. trap team members and the other independent witness Francis Lakra took their position in cognito in close vicinity. After exchange of pleasantries the complainant and the shadow witness were asked by accused to come inside the room. Accordingly the complainant and the shadow witness Kalayan Khalkho went inside the room. The accused appellant asked the complainant as to whether the complainant had brought the money to which the complainant replied in conformity. Thereafter, the accused appellant extended his hand and the complainant handed over the tainted currency notes amounting Rs. 10,0007- to the appellant. The appellant after counting the amount by his both the hands and hold the said amount in his right hand and told the complainant that he will get the loan. The conversation was clearly heard by the Shadow witness Kalyan Khalkho who also saw the transaction of the amount. Thereafter, according to the direction, the complainant gave the signal, the trap team members rushed towards the accused appellant and Sri A, Prasad after disclosing his identity and identity of other team members and witnesses challenged the accused appellant for having demanded and accepted illegal gratification of Rs. 10,000/- from the complainant. On being challenged, the accused appellant got perplexed and his face became pale and admitted his guilt. He was declared arrested. The ground of his arrest was conveyed to the accused appellant. Thereafter, a solution of sodium carbonate was prepared in clean water. On being asked, the appellant washed his left hand fingers in the said solution and the color of the solution turned pink. The accused appellant was asked to hand over the tainted currency notes which he was holding in his right hand to the witness Kalayan Khalkho. Kalayan Khalkho counted the number and denomination which tallied in toto. The aforesaid solution kept in a bottle was sealed and leveled and the recovered tainted currency notes were kept in an envelop which was sealed and signed by all the concerned. The details of all the proceedings was incorporated in the memorandum and the memorandum was read over and explained to all the present. After finding the contents correct all the team members, witnesses and the complainant signed over the memorandum. A copy of the memorandum was also given to the accused appellant under his duly acknowledgment. The seized materials were thereafter forwarded to the C.F.S.L., Ranchi and after obtaining the report and after receiving the sanction for prosecution and after completion of the investigation, the I.O. submitted charge sheet against the appellant under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988.;