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2017 Supreme(Chh) 445

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Singh Chandel, J.
F.U. Siddique, S/o Late Shri R.U. Siddique – Appellants
Versus
The State of Chhattisgarh – Respondent
Criminal Appeal No.939 of 2001
Decided On : 16-11-2017

Advocates Appeared:
For the Appellants :Shri. Vivek Sharma, Advocate
For the Respondent: Shri. Rajendra Tripathi, Panel Lawyer

Headnote:

Prevention of Corruption Act, 1988 - Sections 7 and 13(1)(d)(i) read with Section 13(2)- Criminal Procedure Code,1973 - Section 161 and 313 - Appeal against conviction - Examination of accus4ed - Corruption - Dispute between Complainant - deceased accused/Appellant F.U. Siddique, on the relevant date and time, was working as a Sub-Inspector and posted in Anusuchit Jati Jan Jati Kalyan (Ajak) Police Station, Durg. There was a dispute between Complainant Raman Mishra (PW1) and Rukmani Bai (PW2). The matter was reported by Rukmani Bai against Raman Mishra in Ajak Police Station, Durg. Thereafter, it is alleged that the deceased Appellant called Raman Mishra and demanded bribe of Rs.1,500/- from him and threatened him that if he does not fulfill the demand he will send him to jail - Raman Mishra told him that he was unable to fulfill the demand of Rs.1,500/-. On this, the deceased Appellant made a demand of Rs.1,000/- only. When Raman Mishra again expressed his inability to fulfill the demand of Rs.1,000/-, the deceased Appellant made a demand of Rs.500/-. Raman Mishra did not want to fulfill the demand of bribe,. Therefore, he submitted a written complaint (Ex.P1) to the Superintendent of Police, Durg – Held, currency notes which had been given to the Appellant as bribe were not noted before giving to the Appellant. Regarding demand of bribe money, it is admitted that recording of the conversation made between the Appellant and the Complainant was not done. There is other material contradiction regarding the actual amount of bribe demanded by the Appellant - I find that demand and acceptance of bribe is doubtful. Mere recovery of tainted notes from the possession of the Appellant is not enough. From the foregoing it emerges that the whole prosecution story is doubtful - appeal is allowed

JUDGMENT :

1. This appeal is directed against the judgment dated 24.9.2001 passed in Special Criminal Case No.2 of 1998 by the 1st Additional Sessions Judge and Special Judge under the Prevention of Corruption Act, 1988 (henceforth 'the Act of 1988'), Durg convicting and sentencing accused F.U. Siddique as under:

Conviction

Sentence

Under Section 7 of the Act of 1988

Rigorous Imprisonment for 1 year and fine of Rs.1,000/-, in default additional Rigorous Imprisonment for 3 months

Under Section 13(1)(d)(i) read with Section 13(2) of the Act of 1988

Rigorous Imprisonment for 2 years and fine of Rs.1,000/-, in default additional Rigorous Imprisonment for 3 months 

The jail sentences are directed to run concurrently

2. During pendency of the instant appeal, accused/Appellant F.U. Siddique died and by order of this Court dated 27.1.2016 his legal representatives have been brought on record.

3. Case of the prosecution, in brief, is that deceased accused/Appellant F.U. Siddique, on the relevant date and time, was working as a Sub-Inspector and posted in Anusuchit Jati Jan Jati Kalyan (Ajak) Police Station, Durg. There was a dispute between Complainant Raman Mishra (PW1) and Rukmani Bai (PW2). The matter was reported by Rukmani Bai against Raman Mishra in Ajak Police Station, Durg. Thereafter, it is alleged that the deceased Appellant called Raman Mishra and demanded bribe of Rs.1,500/- from him and threatened him that if he does not fulfill the demand he will send him to jail. Raman Mishra told him that he was unable to fulfill the demand of Rs.1,500/-. On this, the deceased Appellant made a demand of Rs.1,000/- only. When Raman Mishra again expressed his inability to fulfill the demand of Rs.1,000/-, the deceased Appellant made a demand of Rs.500/-. Raman Mishra did not want to fulfill the demand of bribe,. Therefore, he submitted a written complaint (Ex.P1) to the Superintendent of Police, Durg. The matter was handed over to Additional Superintendent of Police G. Akheto Sema (PW8) for further action. He further handed over the matter to City Superintendent of Police B.P. Chandrawanshi (PW10). Panch witnesses N.R. Sahu (PW9) and Mohd. Akram Khan (PW4) were summoned. Raman Mishra brought 2 currency notes of Rs.100/- each and 6 currency notes of Rs.50/- each, total Rs.500/- and placed the same before the panch witnesses. G. Akheto Sema (PW8) made a mark of “MAC” on those currency notes. Those currency notes were smeared with phenolphthalein powder and given back to Raman Mishra and he was tutored that after giving the tainted money to the deceased Appellant, he will give a hint to the trap party. A panchnama (Ex.P2) was prepared and trap party was constituted. As planned, Raman Mishra went to the Appellant in his office in Ajak Police Station. The Appellant asked Raman Mishra about the bribe money. Raman Mishra consented to give the bribe. The Appellant came out of the police station and took the bribe money from Raman Mishra at a betel shop situated near the police station. Thereafter, the members of the trap party asked Raman Mishra about the tainted money. Raman Mishra answered in positive. Then, they entered Ajak Police Station where G. Akheto Sema (PW8) asked the Appellant to take out the money received from Raman Mishra. The Appellant took out the bribe money of Rs.500/- from the pocket of his shirt and kept the same on the table. Solutions of caustic soda were prepared at the spot and the hands of the Appellant and Complainant Raman Mishra were washed with the said solutions. After the wash, colour of the solutions turned into pink. The currency notes recovered from the Appellant were seized vide Ex.P7. The solutions which were used for washing of the hands of the Appellant and the Complainant were also seized vide Ex.P3 and Ex.P6. The shirt worn by the Appellant was also got remove




























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