Cri. Appeal No. 47 of 2000. Case: Udai Bhan Vs State of Bihar. Jharkhand High Court
| Case Number | Cri. Appeal No. 47 of 2000 |
| Counsel | For Appellant: N. N. Sinha, Adv. |
| Judges | Vishnudeo Narayan, J. |
| Issue | Prevention of Corruption Act (49 of 1988) - Sections 7, 13(2), 13(1), 19(3) |
| Citation | 2005 CriLJ 4834 |
| Judgement Date | September 17, 2004 |
| Court | Jharkhand High Court |
Judgment:
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This appeal at the instance of the appellant stands directed against the impugned judgment and order dated 27-1-2000 passed by Shri P.K. Sinha No. 11, 1st Additional Judicial Commissioner-cum Special Judge (C.B.I), Ranchi in R.C.-7 (A)/92R whereby and whereunder the appellant was found guilty for the offence punishable under Sections 7 and 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the said Act) and he was convicted and sentenced to undergo rigorous imprisonment for one year and to pay a time of Rs. 500/- and rigorous imprisonment for oneand half years and to pay a fine of Rs. 500/- respectively and in default thereof to under go rigorous imprisonment for one month each under both the counts. However, the sentences were ordered to run concurrently.
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The prosecution case as arisen on the basis of the first information report (Ext. 10) lodged before Delhi Special Police Establishment, Ranchi Branch by P.W. 8 P.K. Panigrahi, Inspector, C.B.I., S.P.E., Ranchi on 16-4-1992 at 8 hours regarding the occurrence which is said to have taken place 01-4-1992 at 20.00 hours on the basis of the written report (Ext. 13) of PW 5 Gopal Prasad Sahu lodged before the Superintendent of Police, C.B.I. Ranchi.
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The case of the prosecution, in brief, is that P.W. 5 Gopal Prasad Sahu lodged a complaint in writing to S.P. C.B.I. Ranchi stating therein that he had given a telephonic information to the Divisional Security Commissioner, Railway Protection Force. Adra on 10-4-1992 at 22.00 hours that the properties of the railway worth rupees one lac has been kept in the house of one Nehar Kant Dubey, a Railway Contractor, and also in his other three or four houses and on this information, the appellant, who was the Sub-Inspector of Railway Protection Force, Muri, as per the direction and instruction of the said Divisional Security Commissioner, R.P.F. Adra made raid and conducted search at the several houses of the said contractor and several articles and properties belong to the railway were recovered from there but the appellant only made a seizure of two pieces of railway-lines. It is alleged that thereafter the appellant also made a raid at the house of this complainant and has falsely shown the recovery a "line-key" from his house taking it out of his pocket and the appellant also arrested him along with said Nihar Kant Dubey and brought them and confined them in the lockup of the R.P.F. It is alleged that the appellant released Nihar Kant Dubey from the lockup after five hours but he has forwarded him to Chakradharpur Court on 11-4-1992 where he was released on bail on 13-4-1992. It is further alleged that the appellant came to his shop on 14-4-1992 at about 20.00 hours and on being said to him that he has helped the railway protection force but in spite of that he has been falsely implicated in a got up case and at this the appellant promised to help him in the case on payment of Rs. 500/- to him by the complainant as illegal gratification and on his refusal to make payment of Rs. 500/- aforesaid he was told that he will have to go behind the bars once again. It is also alleged that he does not intend to pay illegal gratification as demanded by the appellant but he has stated to him that he will come to his residence with the said amount on 16-4-1992 after making arrangement.
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It is alleged that after verification of the allegation by interrogating the complainant, this case was instituted.
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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 the complainant. The members of the C.B.I. trap party headed by P.W. 7 Narayan Jha, Deputy Superintendent of Police C.B.I., and two independent witnesses i.e. P.W. 3 Shailendra Nath, Superintending Geologist and P.W. 4 Amaresh Kumar, Executive Engineer ( E and M), both of C.M.P.D.I. Ltd. assembled in the C.B.I. Office, Ranchi on 16-4-1992 along with the complainant and they were told the purpose for which they have been called and written complaint of the complainant was also shown to them and explained the purpose and use of phenolphthalein powder and its chemical reaction with the sodium carbonate were also explained to them followed by a practical demonsration. It is alleged that the complainant on being asked produced four Government currency notes each of Rs. 100/- denomination besides two Government currency notes of Rs. 50/- denomination each, which he had brought to pay the appellant as bribe in pursuance of his demand and during the pre-trap formalities, the said Government currency notes were treated with phenolphthalein powder and handed over to the complainant aforesaid with a 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 along with the witnesses and the complainant came in the vicinity of the residential quarter of the appellant at 12.30 hours on 16-4-1992 where they stayed. P.W. 7 Narayan Jha. Deputy Superintendent of Police and P.W. 8 P.K. Panigrahi, Inspector C B I surveyed the place of occurrence i.e. the residential quarter of the appellant and thereafter the members of trap team inspected the topography of the place and the position to be taken by each of them and accordingly every member of the trap team proceeded to the place of occurrence and took their respective position incognito at about 13.40 hours on that day.
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The prosecution case further is that after fifteen minutes, the appellant came to his residence and after opening the lock of the door, went inside the room and bolted the door from inside and thereafter he opened the windows of his bedroom in the eastern and the northern side, though the eastern side window of his bedroom remained half closed. It is alleged that the residential railway quarter of the appellant bears number DS-143/4 and is situated in the corner of a row of quarters and there is a public road in the east and north of the said railway quarter and the witnesses and the members of the trap team took their position by the side of the two open windows and other suitable places nearby. It is alleged that the complainant knocked the door of the appellant at 13.40 hours at the appellant in response thereto opened the door and seeing the complainant, the appellant asked him to come inside the room and the complainant followed him and the door of his railway quarter remained open and the appellant and complainant sat on a wooden Chouki kept in the bedroom of the appellant. It is alleged that while sitting on the Chouki, the appellant asked the complainant as to whether he has brought the money and on his reply in affirmative, the appellant demanded the bribe amount and the complainant took out the tainted Government currency notes from his packet and handed over the same to the appellant who accepted the same with his right hand and kept it holding as he was wearing a Lungi only at that time. The above conversation and transaction of bribe amount were overheard and seen by both the independent witnesses and also by the members of the trap party and on giving prefixed signal by the complainant, the members of the trap party along with the said witnesses rushed inside the room of the appellant and on challenge the appellant became non-plused and started sweating and admitted the same without any explanation and at that time, the appellant was still holding the tainted Government currency notes in his right hand and on being asked the appellant kept the tainted Government currency notes on the said wooden Chouki. Thereafter right hand finger of the appellant were washed in a solution of sodium carbonate, as a consequence of which the colour of the solution turned pink which was preserved in a glass bottle and it was sealed and signed by all present there and thereafter the left hand fingers of the applellant was washed, in other solution of sodium carbonate as a consequence of which the colour of solution turned pink and it was also kept in other glass bottle which was duly sealed and signed by all present there. It is also alleged that the numbers and denominations of the tainted Government currency notes recovered from the possession of the appellant were verified from the pre-trap memorandum in presence of all and they tallied in toto with them and the said tainted Government currency notes were kept in an envelop duly sealed and signed by all present there and post trap memorandum was prepared in presence of the witnesses and the members of the trap party and a copy of the said memorandum was also handed over to the appellant who was arrested.
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The appellant has pleaded not guilty to the charges levelled against him and he claims himself to be innocent and to have committed no offence and he has been falsely implicated in this case at the instance of the complainant who was antagonistic to him due to his prosecution in R.P.F. (Muri) Police Station Case No. 20 of 1992 under Section 3 of the R.P. (U.P.) Act by this appellant and no recovery of the tainted Government currency notes has ever been made from his possession.
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The prosecution has in all, examined eight witnesses to substantiate its case. P.W. 5 Gopal Prasad Sahu is the complainant and Ext. 13 is the complaint petition per his pen. P.W. 3 Shaillendra Nath and P.W. 4, Amaresh Kumar are the members of the trap team and the independent witnesses of the recovery in question and both these witnesses have proved their signatures over the material Exhibits in relation to the pre-trap memoandum as well as of the post trap memorandum. P.W.7 Shri Narayan Jha, Deputy Superintendent of Police, C.B.I. S.P.E.,Ranchi has headed the trap team and P.W. 8 P.K. Panigrahi, Inspector of C.B.I is the Investigating...
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