Prashant Kumar Agarwal, J. - (1.)Heard learned counsel for the parties.
(2.)The accused-appellants have preferred this appeal under Sec. 374 Crimial P.C. read with Sec. 27 of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act") against the judgment of conviction and order of sentence dated 7.9.2001 passed by Special Judge (ACD Cases) Jaipur in Regular Special Criminal Case No.26/95, whereby the accused-appellant Mukut Bihari has been convicted for the offences under Sec. 7, 13 (1) (d) read with Sec. 13 (2) of the Act and under Sec. 120-B Penal Code and has been sentenced for rigorous imprisonment of two years for each count whereas accused-appellant Kalyan Mal has been convicted for the offences under Sec. 13 (1) (d) read with Sec. 13 (2) of the Act and for offence under Sec. 120-B Penal Code and has been sentenced for rigorous imprisonment of two years for each count.
(3.)The brief relevant facts for the disposal of this appeal are that the complainant Rafiq Alam (PW.2) on 16.11.1994 submitted an application (Ex.P/2) before ACD, Tonk alleging therein that his father Shri Deen Mohd (PW.8) underwent his treatment in Surgical Ward of Sahadat Hospital, Tonk under the supervision of Dr. B. S. Babel from 24.10.1994 to 12.11.1994 and during that period he was operated upon on 28.10.1994 and he was ultimately discharged on 12.11.1994. It was also stated in the application that while discharging his father, Dr. Babel asked the appellant Mukut Bihari, then posted as a compounder in that ward, to give discharge ticket to the complainant and when he requested the appellant to handover discharge ticket to him, he demanded Rs. 100.00 as bribe to give discharge ticket and when he expressed his inability to pay by saying that he has no money, the appellant insisted that the discharge ticket would not be given unless and until his demand is met. It was further stated that on 14.11.1994 also the demand was repeated and when he offered him Rs. 75.00 for that purpose, the appellant refused to accept that much amount and said discharge ticket would be given only when Rs. 100.00 as demanded by him would be paid. It was further stated in the application that he is not in favour of paying any money as bribe to the appellant Mukut Bihari as demanded by him and he wants that the appellant may be caught red handed while accepting bribe from him. On the basis of written application filed by the complainant, it was decided to lay trap and for that purpose Shri Ramesh Chand and Mohd. Rashid were called as Motbir witnesses and their written consent was obtained for that purpose. Ten Currency notes each of Rs. 10.00 were taken from the complainant and they were treated with phenolphthalein powder and Police Inspector, ACD, Tonk Shri Keshar Singh put his signature also on each of the currency notes and a memo was prepared in which number of currency notes were mentioned. The currency notes smeared with phenolphthalein powder were put in the front pocket of shirt weared by the complainant and the raiding party including both the Motbir witnesses and complainant proceeded from the Office of the ACD, to the Sahadat Hospital. The further case of the prosecution is that in the staff room of the surgical ward of the hospital the complainant met with appellant and some conversation took place between them and the appellant Mukut Bihari took the complainant to the store room where appellant Kalaynmal was sitting. On the asking of the appellant-Mukut Bihari the complainant handed over Rs. 100.00 to the appellant Kalyan Mal who after counting, put them on the table and by taking water from a bottle washed his hands. Thereafter, on signal being given by the complainant, the raiding party alongwith Motbir witnesses entered into the store room and recovery of the notes was effected from the table. It is also the case of the prosecution that when the left hand and the right hand of the appellant Kalyanmal were separately dipped into the solution of sodium carbonate, the colour of the solution turned pink and each solution was separately sealed in glass bottles. Similarly, when the piece of cotton bandage, by which the appellant Kalyan Mal wiped his hands, was dipped into solution of sodium carbonate, its colour turned pink and that solution was also sealed in two separate glass bottles. The cotton bandage as well as the currency notes of Rs. 100.00 were also seized and sealed. Thereafter, the appellant Mukut Bihari was asked to produce discharge ticket of father of complainant, whereupon he produced it from an Almira and that discharge ticket was also taken into possession by the Investigating Officer. Necessary memos were prepared, both the appellants were arrested and after conducting all the formalities, the raiding party alongwith the arrested appellants and complainant came back to Office and formal FIR was registered. Thereafter, further investigation in the case was undertaken and during investigation oral as well as documentary evidence was collected and after completion of investigation charge-sheet for the above offences was submitted before the Court below. The learned trial Court framed necessary charges against each of the accused-appellants and to prove its case, the prosecution produced oral as well as documentary evidence. In his statement recorded under Sec. 313 Crimial P.C., appellant Mukut Bihari specifically stated that he has been falsely implicated in the case, he neither demanded nor accepted bribe money and the discharge ticket was not in his possession. The appellant Kalyanmal denied the evidence produced on behalf of the prosecution and specifically stated that he has been falsely implicated in the case. It is to be noted that each of the appellants separately submitted his written statement under Sec. 313 Crimial P.C. read with Sec. 243 (1) Crimial P.C. In their defence, the appellants produced DW.1 Shri Dharmraj Gupta as a witness and during the course of cross-examination of prosecution witnesses some of the previous statements recorded under Sec. 161 & 164 Crimial P.C. were exhibited.