IMPORTANT POINTS
If complainant’s evidence is corroborated by trustworthy evidence of other witnesses accused can be convicted even if the Panch witness becomes hostile.
When amount given as gratification is recovered from accused, presumption as to motive can be drawn u/s 20 unless rebutted.

JUDGMENT

PRAFULLA C. PANT, J.

This appeal is directed against judgment and order dated 31.8.2007, passed by the High Court of Madhya Pradesh, Jabalpur (Gwalior Bench), whereby said Court has dismissed Criminal Appeal No. 102 of 2000, and affirmed conviction and sentence recorded against accused Indra Vijay Alok under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention and Corruption Act, 1988 by the Special Judge, Datiya, in Special Case No. 1 of 1992.

2. We have heard learned counsel for the parties and perused the papers on record.

3. Prosecution story, in brief, is that a piece of land in Badoni Khurd was in the name of one Badri, younger brother of PW-3 Ram Singh (complainant). Appellant Indra Vijay Alok was the Patwari of Halka area during the relevant period, i.e. in 1987. After death of Badri, complainant and his mother Bhagobai sought mutation of their names in the revenue record. When Bhagobai, mother of the complainant, met the appellant in this connection, he demanded Rs. 1900/-out of which she paid Rs. 900/-. When Complainant (PW-3) came to his village, his mother told him about the demand made by the appellant. On this, on 18.05.1987 he (PW-3) himself met the appellant, who clearly told him that unless further Rs.1000/-is paid to him, the mutation would not be done. This compelled PW-3 Ram Singh (complainant) to make a complaint (Ext.P-3) on 17.6.1987 to Superintendent of Police (Vigilance), Gwalior. A trap was laid, headed by PW-4 B.L. Vashist (Deputy Superintendent of Police) in which PW-2 Ashok Bhargava (Deputy Collector) and one Sahir (DW-6) were panch witnesses. Before trap, ten currency notes of Rs.100/-of the complainant were applied phenolphthalein powder, and a memorandum (Ext.P-4) was prepared. As per the plan, PW-3 Ram Singh and panch witness Sahir were followed by PW-2 Ashok Bhargav, Deputy Collector, PW-4 B.L. Vashist, Deputy Superintendent of Police, and PW-6 Inspector Raghuraj Shastri. When the team reached the house of the appellant in Khidki, Distt. Datiya, and the appellant accepted the amount of Rs.1000/-, a signal was given to the police party, which immediately caught the appellant and his hands were washed in water in a bucket, which turned red. Thereafter, the raiding party asked the appellant to take out Rs.1000/-accepted by him from PW-3 Ram Singh. The currency notes recovered tallied with the memorandum (Ext.P-4) and fresh panchnama was prepared. Thereafter, the appellant was arrested and crime was registered. After investigation, the Investigating Officer R.S. Parihar (since died) filed the charge sheet against the appellant Indra Vijay Alok for his trial in respect of offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988.

4. The trial court, after hearing the parties, appears to have framed charge against the accused to which the accused pleaded not guilty and claimed to be tried.

5. On this, prosecution got examined PW-1 R.R.-Vishwa Deva (clerk in Collector’s office), PW-2 Ashok Bhargav (Deputy Collector), PW-3 Ram Singh (complainant), PW-4 B.L. Vashisth (Deputy Superintendent of Police), PW-5 S.R. Tiwari (Assistant Grade I), and PW-6 Raghuraj Shastri (Inspector).

6. Prosecution evidence was put to the accused Indra Vijay Alok, in reply to which he only admitted that he was Patwari of the Halka at the relevant period, and there was land in the village recorded in the name of Badri, but as to the rest of the evidence he denied the same as incorrect.

7. In defence, the appellant got examined DW-1 Baijnath, DW-2 Ram Swaroop, DW-3 Hardas, DW-4 Swami Sharan Saxena, DW-5 Sita Ram Gupta, and DW-6 Sahir.

8. The trial court, after hearing the parties, found that the evidence of PW-3 Ram Singh and statement given by PW-2 Ashok Bhargav (Deputy Collector) read with the statements of other prosecution witnesses, and the documents proved on record, leave no room of doubt that the accused demanded Rs.1000/-from PW-3 Ram Singh for get