Madhya Pradesh High Court
Lakhan Lal Mishra vs State Of M.P. on 25 September, 2014
Author: S.K. Palo
Bench: S.K. Palo
HIGH COURT OF MADHYA PRADESH
BENCH GWALIOR
DB:- HON'BLE MR JUSTICE S.K.GANGELE
HON'BLE MR JUSTICE S.K. PALO
Criminal Appeal No. 367/2006
Karanveer Rana
Vs.
State of Madhya Pradesh through Special Police
Establishment, Lokayukta, District Gwalior
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Shri Keshav Pathak, Advocate for the appellant.
Shri J.D. Suryawanshi, Advocate for respondent.
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Criminal Appeal No. 368/2006
Lakhan Lal Mishra
Vs.
State of Madhya Pradesh through Special Police
Establishment, Lokayukta, District Gwalior
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Shri Keshav Pathak, Advocate for the appellant.
Shri J.D. Suryawanshi, Advocate for respondent.
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JUDGMENT
(Delivered on 25 /09/2014) Per Justice Shri S.K. Palo.
Regard being had similitude in the controversy involved in the matter, the above-mentioned cases were heard analogously and a common order is being passed.
(2) Appellant-accused Karanveer Rana (Cr. Appeal No. 367/2006) and appellant-accused Lakhan Lal (2) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 Mishra (Cr. Appeal No. 368/2006) have filed their appeals under Section 374 (2) Cr.P.C to set aside the judgment dated 21st April, 2006 passed by the learned Special Judge (Prevention of Corruption Act), Guna in Special Sessions Trial No. 2/04, whereby the appellants have been convicted under Sections 7 and 13 (1) (d) read with Section 13(2) of Prevention of Corruption Act, 1988 [ in short "PC Act''] and sentenced imprisonment for terms of one year each and imposed fine of Rs.2000/- and under Section 13 (2) of PC Act, imprisonment for one year each and fine of Rs. 2000/- each respectively. In lieu of fine, the appellants are directed to undergo sentence of three months each for every count.
(3) The material facts which are not disputed in these appeals are that appellant Lakhan Lal Mishra was serving in as Railway Traffic Inspector (Railway Path Nirikshak) at Byaora Railway Station at the relevant time and subsequently, retired from service on 28th March, 2003. Accused- appellant Karanveer Rana was serving in the Western Central Railway Bhopal as Store Assistant at the relevant time. Dinesh Hayarn (3) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 (PW-8) was serving in the Office of D.R.M as Assistant Grade-II. Shri M.R. Dugaya (PW-13) Superintendent in the Office of D.R.M (Works), Bhopal. Mr. Khalid Hussain Qureshi (PW-3) was serving as Time Keeper in the Office of Engineering Railway Traffic, Byaora at the relevant time. It is also not disputed that Ramesh Chand Jain (PW-11) is the Manager and Proprietor of Vardhman Trading Corporation Company and this Company was having license to purchase scraps from the Railway. Complainant Akalank Jain (PW-9) and Rajesh Jain (PW-10) are the sons-in-law of Ramesh Chand Jain (PW-11). Akalank Jain (PW-9) and Rajesh Jain (PW-10), at the relevant time, purchased sleepers and scraps material from the Railway in the auction and the delivery of which was to be done at Ruthai and Kumbraj Railway Stations by the accused persons. The accused persons delivered this scraps to Akalank Jain in between 26th-28th June, 2002 for which papers were prepared accordingly.
(4) Facts just necessary for adjudicating the matters are stated hereasunder:
To appreciate the cases of the appellants and also (4) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 to find out whether the appellants are entitled for the relief as prayed for by them.
Briefly stated, the prosecution story is that Ramesh Chand Jain, the Manger of Vardhman Trading Corporation Company and this Company is doing the business of purchasing irons and scraps. The sons-in- law of Ramesh Chand Jain are Akalank Jain and Rajesh Jain, who were also working in the said Company. On 13.5.2002, D.C.O.S Jhansi auctioned 55.980 metric tones scraps through Bhopal Division at Bhopal. This scraps were purchased by Akalank Jain and Rajesh Jain in their names. 25% of this auction amount was deposited on 13.5.2002 in Railway Department. The rest amount i.e. Rs. 2,26, 931/- was deposited by them at D.C.O.S Office Jhansi. They also received the order of delivery of goods. The said order was deposited by them in the Office of C.P.W.I, Byaora-Rajgrah. Appellant- accused Lakhan Lal Mishra, CPWI was to deliver the goods to Akalank Jain from 276.2002 to 29.6.2002. On 26.6.2002 when complainant Akalank Jain and Rajesh Jain went to the Office of CPWI, Byaora to take delivery of goods, the appellant accused L.L. (5) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 Mishra CPWI and appellant- accused K.B. Rana, Assistant Store Keeper, demanded Rs.3360/- and Rs.3920/- as gratification. After several requests of Akalank Jain and Rajesh Jain, the accused-appellants agreed to deliver the goods on payment of Rs. 2000/- each. On 27.6.2002, Akalank Jain and Rajesh Jain informed this to the Proprietor-Ramesh Chand Jain who was at Jhansi. Then, Ramesh Chand Jain told to Akalank Jain and Rajesh Jain not to give any gratification to the accused- appellants and he wanted to take the matter to the Lokayukta Police. Ramesh Chand Jain met the Superintendent of Police, Lokayukta on 27.6.2002 and on 28.6.2002 he approached the Superintendent of Police, Lokayukta at Gwalior and lodged the complaint about illegal demand of Rs. 2000/- each by the appellants- accused persons. (5) On the basis of this complaint, in the leadership of Inspector Rajendra Singh Bhadauria, Ashok Bhardwaj, Constable Ravindra Singh, Constable Dinesh Sharma, Vinod Kumar Thapa, Bhagsingh Tomar sent to Guna. At the same time for legal action they also obtained permission from the District Magistrate (6) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 for trapping to be conducted and requested to make available two Panch witnesses. The then District Magistrate, Guna ordered Dr. Girish Narayan Sharma, Ayurved Chikitsa Adhikari, Government Ayurved Mahavidyala, Gwalior and Dr. R.L.Mishra,Veterinary Assistant Surgeon, Gwalior to accompany the trap party.
(6) On 28.6.2002 Inspector Rajendra Singh Bhadauria alongwith members of trap party left Gwalior in Government vehicle No.M.P. 02/2147 at 3:30 PM and reached Guna at around 8:30 PM. They went to the Circuit House and called the complainant Akalank Jain. After being satisfied that the appellants-accused persons demanded Rs.2000/- each as gratification and the amount was to be paid to the appellants- accused persons at Room No.4 of Shreelodge,Guna. (7) Report was lodged under Section 7 of PC Act, Panch witnesses were introduced to the complainant Akalank Jain and the complaint was read over to Panch witnesses which Akalank Jain admitted before the Panch witnesses. Thereafter, eight currency notes denomination of Rs.500/- given to the Inspector (7) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 Rajendra Singh Bhadoria by Akalank Jain. Numbers of notes were noted down and powder of Phenolphthalein was used to coat over the notes by Surendra Singh. These notes were kept in the pocket of shirt by complainant Akalank Jain and he was instructed not to touch the notes before giving it to the appellants- accused persons. He was also instructed not to shake his hands with any one. He was also instructed that after handing over the notes to the appellants-accused persons to give signal to trap party by caressing his hairs. At the same time, solution of sodium carbonate was prepared in clean glass, in which both hands of Surendra Singh were washed. The solution become rosy. This solution was kept in a clean bottle and sealed it. Two packets of Phenolphthalein powder were prepared by Surendra Singh and kept in two different envelopes. Thereafter, two packets of Sodium carbonate powder was prepared by Habib Khan and kept in two different sealed envelopes. Before proceeding for trap, all the members of trap party were washed their hands in solution of Sodium carbonate prepared in the clean glass including (8) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 complainant Akalank Jain and the colour did not change. This solution was also kept in different clean bottles. Panchnama was prepared at the Circuit House regarding these proceedings.
(8) Inspector Rajendra Singh Bhadauria alongwith members of the trap party and Panch witnesses left the Circuit House by a jeep for Shreelodge, Guna alongwith complainant Akalank Jain. After reaching the bus stand, they instructed the complainant Akalank Jain to go to lodge along-with Inspector Ravindra Singh, Bhag Singh, Dinesh Sharma and Habib Khan. Complainant Akalank Jain went to the lodge and after handing over the currency notes to the accused persons, came out to the balcony and gave signal to the trap party. On receiving signal Inspector Ravindra Singh and Habib Khan went to the Room No.4, where accused persons were staying. They caught the hands of accused Lakhan Lal Mishra and Constables Bhag Singh and Dinesh caught the hands of appellant - accused Karanveer Rana. Thereafter, the panch witnesses and other members of trap party also entered into the room and disclosed their identity and (9) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 in two different clean glasses containing solution of Sodium carbonate washed the hands of the appellants- accused persons. The solution become its colour to rosy. This solution was kept in different bottles and sealed it. The accused persons were asked about the currency notes. Appellant- accused Lakhan Lal Mishra said that he kept in the right pocket of his trouser and the appellant-accused said that he kept the currency notes in his left pocket of his trouser. The Panch witnesses Girish Narayan Sharma (PW-1) and Dr. R.L.Mishra (PW2) were allowed to wash their hands in the solution of sodium carbonate prepared in two glasses, the colour did not change. This solution was kept in two different bottles. Thereafter, Panch witness Dr. R.L.Mishra took out the currency notes from the pocket of accused-appellant Lakhan Lal and Panch witness Girish Narayan Sharma took out the currency notes from the pocket of appellant-accused Karanveer Rana. Both the accused persons had four notes each denomination of Rs.500/-. Thus, Rs. 2000/- from each were found. The number of currency notes were tallied, which was found to be the same numbers (10) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 noted down at the Circuit House, Guna and these were the same currency notes given to the complainant Akalank Jain for handing over to the appellants- accused persons. The currency notes were seized from the appellants-accused persons and prepared seizure memo and kept in different sealed envelopes. Thereafter, again prepared solution of sodium carbonate in two different glasses and the hands of Panch witnesses R.L. Mishra and Girish Narayan Sharma were washed and the colour of the solution became rosy. This solution was kept in two different bottles. Again, solution of sodium carbonate was prepared and trousers of both the accused-appellants were removed and the pockets of both the trousers were dipped into the solution and the colour of the solution became changed. This solution was also kept in two different bottles and sealed them. Trousers of the appellants-accused persons which were worn, seized and seizure memo was prepared.
(9) The appellants-accused persons asked about the papers with regard to delivery of scrap goods. They informed that these papers were kept with Khalid (11) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 Hussain Qureshi (PW-3), who was staying in the same room. Therefore, from the custody of Khalid Hussain Qureshi papers with regard to auction and delivery of scrap goods were seized and seizure memo was drawn. Panchnama was prepared with regard to all the proceedings, spot map was also prepared. The accused- appellants persons arrested. FIR lodged and the sample of the sodium carbonate, powder of phenolphthalein and the solution in the sealed bottles were sent to F.S.L. Sagar for chemical examination. After due sanction from the concerned Department. Charge sheet was filed.
(10) The learned Trial Court framed the charges under Sections 7 & 13 (1) (d) read with Section 13 (2) of PC Act and explained to the appellants-accused. They abjured guilt. In their examination, they have stated that complainant Akalank Jain and Rajesh Jain are the sons-in-law of Ramesh Chand Jain, who were buying the scrap materials from the Railway for quite some time. They have always been using tactics of pressuring the Railway servants to do such things which were not permissible by rules, so that they can (12) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 get delivery of goods violated the rules. In December 2001, a case was prepared by Railway Engineer, Sagar against these person. A case was also lodged against complainant Akalank Jain and Rajesh Jain at Mathura regarding purchase of old wagon. On 11.12.2002 at the time of delivery of scrap goods at Byaora, Ramesh Jain wanted to take excess goods. At that time, Ramesh Jain and Akalank Jain quarrelled with the appellants-accused persons. They have implicated them by making this conspiracy.
11. The appellants-accused persons further stated that in between 26th to 28th June, 2002 the accused persons were sitting alongwith complainant Akalank Jain at Hotel Shreel, Guna and after delivery of goods they used to stay at the Hotel and used to take dinner there. On 28.2.2002 after delivery of the goods, complainant Akalank Jain and Rajesh Jain threw a party in which R.P.F Inspector Karan was also present. Complainant Akalank Jain and Rajesh Jain brought alcohol and also offered the appellants
-accused persons to drink and by the conspiracy, trap was conducted. The appellants- accused persons also (13) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 claim that the goods were delivered on 28.6.2002 before the trap was conducted. In this regard, they also examined Inspector Karan Singh (DW-1) and Khemchand, the Trolley Man (DW-2) as defence witnesses.
(12) The learned Trial Court after appreciating the evidence adduced, convicted the appellants- accused persons under Section 7 of PC Act and Section 13 (1) (D) read with Section 13 (2) of the same Act and imposed sentence as mentioned in para-2 of this judgment.
(13). Appellant, Karanveer Rana has assailed the impugned judgment on several grounds. It is contended that neither the learned Trial Court has evaluated the evidence properly nor followed the principles of natural justice and also did not analyze the evidence in its proper perspective. There has been vital contradictions which has not been considered. Therefore, the impugned judgment is liable to be set aside.
(14). Appellant, Lakhan Lal Mishra also challenged the impugned judgment on several grounds (14) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 and contended that the impugned judgment pronounced by the learned Trial Court is not in accordance with law. Hence, is not maintainable. (15). We have given serious thought to the argument put forth before us by the learned counsel for the respondent and throughly examined the evidence adduced.
(16) In the opinion of this Court, the learned Trial Court has considered all the evidence produced before it and analysised the evidence systematically and cogently.
(17). Appellant Lakhan Lal Mishra has retired on attaining the age of superannuation, before charge sheet was filed. Therefore, sanction in this regard was not essential. So far as appellant, Karanveer Rana is concerned, sanction has been obtained vide Ex.P/16. The Dy. Chief Account Officer, Railway (Western Railway), Jabalpur has granted the sanction. Shri S.P.Tiwari, (PW-6) Senior Regional Finance Manager (Western Central Railway), Bhopal has proved this document.
(18). Mr. Akalank Jain (PW-9) submitted written (15) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 complaint Ex.P/2 to Rajendra Bhadouria (PW-14), I the nvestigator, that the accused persons are coming to Room No.4 of Hotel Shree for receiving the bribe and requested for necessary action. It is contended by the appellant Karanveer Rana that the appellants and witness Akalank Jain were staying at the Hotel Shree since 26.6.2002. Therefore, such application on 28.6.2002 is given is false information. It is also contended that the Investigating Officer did not proceed in this line to investigate the matter. Therefore, the investigation is tainted. (19). It would be suffice to mention that the appellants have not taken such a plea earlier. In this regard, State of Andhra Pradesh Vs. P. Satyanarayana Murthy (2008) 9 SCC 674, can be relied on in which the Hon'ble Supreme Court has held that:
Criminal Procedure Code, 1973 - S. 313 - Examination of accused - Version given by him for the first time during examination - Whether acceptable -
Respondent, for the first time taking stand under S. 313 that bribe money was forced into his hands - Such stand, held, not acceptable in the face of other evidence against him.
(16) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 Therefore, the contention raised by the appellants is not sustainable.
(20). Both the appellants seriously contended that the goods which are "iron scrap" were handed over part by part from 26.6.2002 to 28.6.2002. The trap party was organized on 28.6.2002 after the goods were actually delivered. Therefore, there was no motive to demand such illegal gratification, as the "iron scrap" were already delivered to the complainant contractors. In this regard, it can be very well said that the goods delivered after there was a negotiation and when the complainant, Akalank Jain (PW-9) promised to give the amount once the goods were delivered. Before the delivery of goods, negotiation was done by the accused persons. In furtherance of negotiation the amount was to be given. Even presuming that there was no such deal then why the accused persons came to the Hotel Shree Lodge to "celebrate" and "party" ? Why they accepted the amount ? It indicates that the amount which was earlier decided was received on 28.6.2002. There is no presumption that gratification can not be obtained (17) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 or given after commission of the acts. So this contention of the appellants does not carry much weight.
(21). Room No.4 of Hotel Shree Lodge was booked by complainant Akalank Jain (PW-9) from 26.6.2002 and in this lodge the complainant Akalank Jain (PW-9), Rajesh Jain (PW-10) and the accused persons were staying in the hotel. If that is so, why the accused / appellants stayed there and received the hospitality of the complainant Akalank Jain, the appellants have not answered. Even if, the story of the appellants are taken for granted that they had gone to the hotel for partying (celebration) their action itself indicates that they have been utilizing the services of the Akalank Jain (PW-9) and Rajesh Jain (PW-10). According to them before the trap was conducted the delivery of goods was over on 28.6.2002 , why did they stay in the hotel Shree ? Once, the work was over, their presence in the hotel itself indicates that they had gone to receive the gratification as earlier negotiated by them. (22). Contention of the appellants that sanction was not proved properly also does not hold good. In (18) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 this regard, it can be very well said that, the fact of sanction under Section 19 of the Prevention of Corruption Act, 1988 has considerable significance.
Stress is on "failure of justice" and that too "in the opinion of the Court". Significantly, the "failure of justice" is relatable to error, commission or irregularity in the sanction,. Therefore, mere error, omission or irregularity in sanction is not considered fatal unless it has resulted in the failure of justice. The accused / appellants have not indicated anything how the non-examination of the sanctioning authority has adversely effected the prosecution case, or it resulted into failure of justice. In this regard, it would be proper to refer the case Paul Varghese vs. State of Kerala & Another (2007) 14 SCC 783, in which the Hon'ble Supreme Court has held:
Error, omission or irregularity in sanction - Effect of - held, it is sot fatal unless it has occasioned or resulted in failure of justice - Requirement of sanction under S. 19 (1) is a matter of procedure and does not go to the root of the jurisdiction - Criminal Procedure Code, 1973, S 465. (23). In the case in hand, the Trial Court has recorded the finding that the accused / appellants have (19) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 accepted the amount. It is immaterial that the amount was received before the work was done or after it was done. Therefore, it would also be immaterial whether the accused / appellants were not in position to oblige the complainant. In this regard, the law laid down Girja Prasad (dead) by LRS. Vs. State of Madhya Pradesh (2007) 7 SCC 625 can be referred:
Prevention of Corruption Act, 1947 - S. 4 and S. 5 (1) (d) r/w S. 5 (2)- Presumption under S. 4 regarding acceptance of illegal gratification - Invocation of - Prerequisites for - Rebuttal of said presumption - Held, once it is proved that the amount has been received by the accused, presumption under S. 4 would get attracted - In such a case, it would be wholly immaterial whether the said acceptance of amount was for him or for someone else - It would also be immaterial whether the accused was or was not in a position to oblige the complainant -
However, the said presumption is not absolute- Accused can rebut the said presumption by leading evidence - In the present case, there was evidence as to acceptance of amount by the accused- Hence, presumption under S. 4 of the PC Act, 1947 got attracted - Accused failed to rebut the said presumption as he did not adduce any evidence whatsoever in that regard- Therefore, High Court was justified in reversing his acquittal and convicting him under the PC Act, 11947 and S. 161 IPC - Penal Code, 1860, S.161 (since repealed) - Prevention of Corruption Act, 1988, S. 20 and S.13 (1) (d) r/w S. 13 (2).
(20) Cr. Appeal No. 367/06 & Cr.A. No. 368/06
24. Section 20 of the Prevention of Corruption Act, 1988 corresponds Section 4 of Prevention of Corruption Act, 1947. Before presumption can be raised, the burden is on the prosecution to prove that the accused has accepted or obtained or as agreed to accepted or attempted to obtain for himself any gratification other than legal remuneration etc. In the present case amount was recovered from the possession of the accused persons has been proved.
Therefore, presumption can be drawn as to the existence of the fact that before the goods (iron scrap) were delivered it was agreed upon by them to deliver the same and they will obtain Rs.2000/- each after the delivery. In Dhanwantri Desai vs. State of Maharashtra, AIR 1964 SC 575 held as under:
Whereas under Section 114 of the Evidence Act, it is open to the Court to draw or not to draw a presumption as to the existence of one fact from the proof of another fact and it is not obligatory upon the Court to draw such presumption, under sub-section (1) of Section 4, however, if a certain fact is proved, that is, where any gratification (other than legal remuneration) or any valuable thing is proved to have been received by an accused person the Court is required to draw a presumption that the person received that thing as a motive or reward such as is mentioned in Sec. 161, Indian Penal Code. Therefore, the court has no choice in the matter, once it is established that the accused person has received a sum of money which was not due to him as legal remuneration.
(21) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 (25). As this is a case under Prevention of Corruption Act, the presumption Clause under Section 20 of the Act cannot be overlooked. Once, it is proved that the amount was recovered from the appellants' possession, the burden of prove lies on the appellants to prove that they received the same bona fidely or for some other purpose. In this regard, Krishna Ram Vs. State of Rajasthan (2009) 11 SCC may be referred to, in which it is held that:
Prevention of Corruption Act, 1988 - S.7 and 13(1) (d) r/w S. 13 (2) and S. 20- Presumption under S. 20- Demand of Rs. 500 by Patwari (public servant) for giving favourable report in regard to allotment of lands on permanent leasehold rights, alleged - Currency notes treated with phenolphthalein powder recovered from pockets of appellant - accused - Numbers of the notes recovered matched - Stand of appellant that the money was handed over to him by the complainant as loan amount on behalf of DW-1 not proved - Held, once money was recovered from the possession of the appellant, the burden under S. 20 shifts upon him, which he could not discharge - Demand of Rs. 500 as bribe money, thus, conclusively proved.
(26). We are also aware that, the presumption clause in Indian Evidence Act 1872 in cases of prevention of corruption, legal or mandatory, presumption can be drawn from the factual or (22) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 discretionary presumption. It would be, however, unsafe to draw another discretionary presumption. In this regard, the law laid down by the Hon'ble Supreme Court in M. Narsinga Rao vs. State of A.P., (2001) 1 SCC 691 can be profitable referred. The Hon'ble Supreme Court has held as under:
Evidence Act, 1972 - S. 114 - Presumptions
- A legal or mandatory presumption can be drawn from a factual or discretionary presumption - It would however be unsafe to draw another discretionary presumption
- Presumptions.
(27). In the present case, also the money was given to the appellants in Room No.4 of Hotel Shree Lodge. Immediately after it was handed over to the appellants the complainant Akalank Jain (PW-2) signaled the trap party. The trap party along with independent witnesses Dr. Girish Narayan Sharma (PW-1) and Dr. R.L. Mishra, (PW-2) entered into the scene. The credible evidence of member of Lokayukta Police of trap party and the independent witnesses is available in the record. The accused persons have not offered reasonable explanation of the tainted money. Under Section 20, the Court is under obligation to presume that the accused persons (23) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 accepted the bribe. In Kanshi Ram Vs. State of Punjab, (2005) 12 SCC 641, the Hon'ble Supreme Court has made it clear by holding that:
Prevention of Corruption Act, 1988 - S. 20 - Bribery - Presumption under S. 20-
Applicability - Receipt of money proved beyond reasonable doubt - NO reasonable explanation offered by accused as to how the tainted money came to his possession
-Held, it would be presumed under S. 20 that the accused accepted the bribe - On facts, the explanation offered by appellant was not sufficient to rebut the presumption - Conviction and sentence upheld.
(28). Every acceptance of illegal gratification whether preceded by a demand or not, would be covered by Section 7 of the Act. But it's acceptance of illegal gratification is in pursuance of a demand by the public servant, then it would also fall under Section 13 (1) (d) of the Act. Therefore, in the present case, the appellants received the illegal gratification constitutes offence both under Sections 7 and under Section 13 (1) (d) of the Act. The evidence of witnesses clearly established the demand and also acceptance. The phenolphthalein powder test conducted lead to considerable support to the prosecution case. In the circumstances Baliram Vs. (24) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 State of Maharashtra (2008) 14 SCC 779 can be relied. The Honble Apex Court has held that:
Prevention of Corruption Act, 1988 - Ss. 7 and 13(1) (d) r/w S. 13 (2) - Demand of Rs. 100 by appellant -accused, Minimum Wages Inspector, from complainant PW- 1 for dropping action for not maintaining register with regard to yearly servants -
Said demand proved by fact that PW1 had immediately lodged a complaint with Anit- corruption Bureau which was recorded as Ext. 16 - Currency notes treated with anthracene powder recovered from right side pocket of appellant's pants-
Acceptance of tainted money also proved vide Exts. 17 and 18 - Evidence of PWs establishing not only the demand but also its acceptance - Held, no interference with impugned upholding conviction of appellant called for.
(29). We have noticed that the defense has utterly failed to prove that Akalank Jain (PW-9) and Rajesh Jain (PW-10) and their father-in-law Ramesh Chand Jain (PW- 11) have tried to falsely implicate the appellants for they wanted to take advantage with the railway employees or to pressuring the employees. They have also alleged that in earlier occasion, the complainant was allegedly involved in such a case of threatening by Railway Department, Sagar. But no satisfactory evidence has been led in this regard.
(25) Cr. Appeal No. 367/06 & Cr.A. No. 368/06 Therefore, there is no material to substantiate the plea of false implication. The fact of recovery of Rs. 2000/- from each of the appellant has been fully corroborated by the complainant, the trap party and the independent witnesses.
(30) In view of the evidence and documents on record, we are in agreement with the finding of the learned Trial Court. Consequently, both the these appeals fails and is hereby dismissed. (31) Appellants are on bail, their bail bonds and surety bonds are hereby canceled. They are directed to surrender themselves before the Trial Court / Special Court, I Addl. Sessions Judge, Guna within seven days, to serve their remaining jail sentence as per the judgment. If they fail to surrender before the Trial Court, the Trial Court shall be free to proceed to issue necessary orders, including coercive steps to secure their attendance.
(S.K. Gangele) (S.K. Palo)
JUDGE JUDGE
Dt. 25/ 09/2014 Dt.25 /09/2014
dcs.