Dhrub Narayan Upadhyay, J. - (1.) THIS appeal is directed against the Judgment of conviction and order of sentence dated 08.06.2001 and 12.06.2001 respectively, passed by learned Special Judge (Vigilance), Ranchi in Special Case No. 10/1989 whereby and whereunder, the appellant has been held guilty for the offences punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act and has been sentenced to undergo R.I. for two years under section 7 and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and further fine of Rs. 2,000/ - under Section 7 of the Prevention of Corruption Act and in default of payment of aforesaid fine, further imprisonment of three months R.I. and the sentences so passed were directed to run concurrently. The Prosecution case in brief is that the complainant Deep Chand Jain has raised allegation against the appellant that he demanded Rs. 1,000/ - for appointment of Nazir in an Execution Case No. 203/1981 in which said complainant was making Pairvi on behalf of Smt. Alka Devi Jain who happens to be sister of said Deep Chand Jain. The appellant then was posted as a Bench Clerk in the office of the learned Munsif at Ranchi. It is alleged that the complainant made several approach on several dates for appointment of Nazir so that the Decree granted in favour of Smt. Alka Devi Jain may be executed but the appellant was adjourning the dates and demanded bribe to accommodate the complainant. Lastly the complainant went to the office of Vigilance Department and reported the matter on 30.01.1989. The information given by the complainant was verified by G. Hembram, Sub Inspector of Vigilance who found the allegation to be correct and accordingly, submitted his verification report.
(2.) ON 02.02.1989, the complainant appeared in the office of the Vigilance with five G.C. Notes of denominations of Rs. 20/ - each, whereafter the memorandum of aforesaid notes was prepared and signed by the witnesses. Thereafter, phenolphthalein powder was applied on those G.C. Notes and the same were kept in envelope and handed over to the complainant with a direction that he would give those notes on demand to the appellant. On the very same day, a raiding party consisting of 17 persons was organised at the instance of S.P. Vigilance. The Sub Inspector of Vigilance namely G. Hembram was directed to remain as a shadow witness with the complainant so that he may give signal after transaction of money takes place between the complainant and the appellant. In the afternoon, at about 1:30 p.m., the raiding party proceeded to the premises of the Civil Court, Ranchi. The complainant was directed to move to the office of the Munsif and G. Hembram, S.I., Vigilance positioned himself to such a vantage point that no sooner the money was accepted by the appellant, he could give signal to other members of the raiding party. The appellant demanded illegal gratification from the complainant upon which he handed over those notes to him to which the appellant put in the right pocket of his trouser. No sooner the transaction took place, the verifier G. Hembram gave signal to the other members of the raiding party who immediately entered into the office and caught hold the appellant disclosing their identity and challenged him that he has accepted illegal gratification from the complainant. Two independent witnesses Bhola Prasad and Sayeed Ahmad were called from the crowd to whom the officer gave their search prior to making search of the appellant. The aforesaid G.C. Notes were recovered from the pocket of the appellant in presence of the witnesses and the members of the raiding party. The numbers of recovered G.C. Notes were compared with the numbers mentioned in the memorandum of G.C. Notes which was prepared earlier and the same were found correct. Thereafter, left and right hand of the appellant were directed to be dipped into a liquid of Sodium Carbonate whereafter, the colour of said solution turned pink. The solution were sealed in two different glass phial. Further, right pocket of the trouser of the appellant was also washed by solution of Sodium Carbonate which also turned pink and sealed in third glass phial. The witnesses and officers present over there signed on the sealed bottles containing those pink solution. The aforesaid action of the Vigilance Department was done in presence of Special Magistrate deputed for the raid and he also signed on the seized articles. After performance of formalities and preparation of necessary paper, the accused was finally arrested and forwarded to the judicial custody. The glass bottles in which solutions were seized, were sent for its chemical examination and the report submitted by Forensic Science Laboratory confirmed presence of Phenolphthalein powder and Sodium Carbonate in the former phial in which left and right hands of the appellant were washed. The third phial, which was containing wash of pocket of the full pant of the appellant, was having presence of only Sodium Carbonate.
(3.) AFTER concluding investigation, chargesheet against the appellant was filed and the trial proceeded after framing of the charge under sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act.;