VISHNUDEO NARAYAN, J. - (1.) THIS appeal at the instance of the appellant stands directed against the impugned judgment and order dated 21.12.1998 passed by Sri Dhananjay Prasad Singh, the Special Judge, CBI and Vigilance, Ranchi in R.C. 15 (A)/93(R) whereby and whereunder he was found guilty for the offence punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the said Act) and he was convicted and sentenced to undergo RI for one year under Section 7 and RI for 2 years under Section 13(2) of the said Act respectively. The appellant was further sentenced to pay a fine of Rs. 200/ - and Rs. 500/ - for the offences aforesaid respectively and in default thereof to undergo SI for one month and three, months respectively. However, all the sentences were ordered to run concurrently.
(2.) THE prosecution case has arisen on the basis of the FIR lodged before the Delhi Special Police Establishment. Ranchi Branch by PW 7 Sravan Kumar, Deputy Superintendent of Police, CBI, SP, Ranchi on 16.7.1993 at 10.30 hours regarding the occurrence which is said to have taken place on 9.7.1993 at 12.30 hours on the basis of the written petition of PW 2 Anant Munda, lodged before the S.P., C.B.I., Ranchi. The case of the prosecution, in brief, is that PW 2 Anant Munda the brother of Mohra Munda, deceased, lodged a complaint in writing to the S.P., C.B.I., SPE, Ranchi stating therein that the appellant, an upper division clerk in the office of the Regional Commissioner of Coal Mines Provident Fund, Ranchi has demanded from him Rs. 300/ - as illegal gratification on 9.3.1997 for processing and causing the issuance of cheque in respect of Coal Mines Provident Fund claim on the death of Mohra Munda in favour of his widow PW 3 Jamuni Devi. It is alleged that said Mohra Munda has died in course of his service, working as Trammer Helper in Dakra Colliery and he does not want to pay an illegal gratification of Rs. 300/ - as demanded by the appellant from him and requested for taking action against the appellant in the said matter. The matter was verified by PW 6, D.B. Singh Inspector, C.B.I. in respect thereof and it was learnt that the appellant bears bad reputation as a corrupt public servant. The appellant was enjoined upon the duty of settling the CMPF claim in respect of employees of Dakra Colliery of CCL and CMPF claim, filed by Jamuni Devi aforesaid duly forwarded by the colliery authorities of Dakra colliery, was received in Region 1 office of CMPF, Ranchi and on its receipt, the CMPF claim papers were handed over to the appellant for processing and settling the said claim and the appellant has enlisted the said claim as Claim No. 151/1993 -94 on 10.1.1993 and relevant papers relating to the said claim filed by Jamuni Devi were linked by the concerned assistant, who submitted the. said to the appellant on 18.6.1993 but the appellant did not take any action for settling the claim. The prosecution case further is that after registration of the case, a trap party was constituted and the presence of two independent witnesses were secured with a view to catching the appellant red - handed while demanding and accepting the illegal gratification from Anant Munda aforesaid. The members of the CBI, trap party headed by PW 7 and the two independent witnesses i.e. PW 5 P.K. Sahay, Assistant Chief Vigilance Officer and PW 4 Vijay Swaroop, Section Personal Officer both of CCL, Ranchi and PW 2 Anant Munda assembled in the office of the informant on 16.7.1993 and PW 2 Anant Munda produced the Govt. Currency notes of Rs. 100/ - denomination bearing Nos. ICA -595476, 7TP -578663 and 9UH - 513510 which he had brought to pay to the appellant as bribe in pursuance of his demand and during the pre -trap formalities, the said Govt. Currency notes were treated with phenolphathalien powder and handed over to Anant Munda aforesaid with direction to pay the same to the appellant only on demand and pre -trap memorandum was also prepared and the members of the trap party alongwith the witnesses and Ananat Munda aforesaid came near the office of the Regional Commissioner, CMPF, Ranchi at 12.35 hours on 16.7.1993. It is alleged that on enquiry, it transpired that the appellant was not available in the office right then but members of the trap party alongwith the independent witnesses and Anand Munda aforesaid waited on the road in front of the said office for arrival of the appellant. The prosecution case further is that the appellant was seen coming on the road from the side of the S.P. office at 14.30 hours on that day and he was contacted by Anant Munda aforesaid on the road itself and the appellant took him to a nearby tea shop on the road near the office of the CMPF Ranch and PW 7 Sravan Kumar alongwith PW 5, P.K. Sahay also came inside the said tea shop simultaneously. The appellant sat on the bench in the said tea shop and asked Anant Munda as to whether he had brought the money and he replied in the affirmative that he has managed Rs. 300/ - with great difficulty for him and, thereafter, the appellant asked him to hand over the said amount immediately and on this demand Anant Munda took out the aforesaid three Govt. Currency notes and handed over the same to the appellant who accepted the same with his right hand and kept the same in the upper chest pocket of his bushirt and, thereafter, he directed Anant Munda to go from there taking tea hurriedly stating that he has passed his claim and he will get the cheque regarding the claim within 8 days. The prosecution case, further, is that they overheard the conversation and also saw the transaction aforesaid and other members of the trap party including PW 4 also saw the said transaction and the acceptance of the bribe amount. PW 7 disclosed his identity and challenged the appellant for having demanded and accepted a sum of Rs. 300/ -as bribe from Anant Munda and the appellant was apprehended and, thereafter, the right hand fingers of the appellant were washed in the solution of sodium carbonate as a consequence of which the milky colour of the said solution turned pink, which was preserved in a clean glass bottle and it was sealed and signed by them and the appellant also produced the aforesaid Govt. currency notes from his upper chest pocket of his bushirt and handed over the same to the witnesses aforesaid and the number of the said Govt. currency notes were verified from pre -trap memorandum in presence of all and they tally in toto with them and, thereafter, the pocket of the bushirt of the appellant was also washed in another solution of sodium carbonate and it also turned pink which was preserved with another bottle and it was sealed and signed by them and the bushirt of the appellant was also seized and placed in an envelop under seal and signature of all. The prosecution case, further, is that the appellant begged apology from them stating that he has committed a misconduct and he ought not to have taken bribe and he should be exonerated and the appellant was arrested. A detailed memorandum regarding the post trap proceedings was prepared in the office of the informant, which was witnesses by the members of the trap party alongwith independent witnesses and a copy of the said memorandum was also handed over to the appellant.
(3.) THE appellant has pleaded not guilty and he claims himself to be innocent and to have committed no offence and he has been falsely implicated in this case. It is also contended that the claim in question was settled by him on 10.7.1993 and he has sent the file to the Regional Commissioner, S.D. Lall for his approval on 12.7.1993 and thus the question of demanding and accepting the bribe on 16.7.1993 does not arise at all.;