2018 Supreme(Chh) 434
IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
Arvind Singh Chandel, J.
Tirathram Rathore, son of Shri. Daduram, Patwari – Appellant
Versus
State of Madhya Pradesh – Respondent
Criminal Appeal No.77 of 1999
Decided On : 11-05-2018
For the Appellant :Shri. V.C. Ottalwar, Advocate
For the Respondent:Shri. Neeraj Sharma, Dy. Govt. Advocate
Headnote:
Prevention of Corruption Act, 1947 - Section 5(1)(d), 5(2) - Appeal against Conviction - Demanded Bribe - Appellant was employed as a Patwari of Circle No.9, Tahsil Kota, District Bilaspur - PW5 is a resident of Village which falls within the circle of Patwari Halka For selling his land, Complainant demanded a copy of Khasra of his land from the Appellant. It is alleged that Appellant demanded bribe from Complainant, written complaint was submitted by Complainant. On basis of said complaint was recorded. A trap party was constituted. Panch witnesses PW4 and PW1 were called - Complainant produced two currency notes each of Rs.100/-. The currency notes were tainted with phenolphthalein powder. Reaction of phenolphthalein powder and sodium carbonate was demonstrated, currency notes were kept in pocket of the Complainant and he was directed not to touch those notes before giving them to the Appellant. Preliminary Panchnama (Ex.P2) was prepared in which the aforesaid proceedings and numbers of the tainted currency notes were recorded – Held, If the solution had turned pink in which the hands of the Appellant were washed, it was natural and it cannot be held to be proof of acceptance of bribe money. The tainted currency notes were not recovered from the pocket or hands of the Appellant - Eespecially in the absence of any direct recovery of tainted currency notes from the Appellant, it is difficult to hold that the tainted notes were found in possession of the Appellant and he had demanded or accepted or was in possession of the illegal gratification other than legal remuneration - Though the prosecution has proved the demand, acceptance part is not proved beyond reasonable doubt and recovery of bribe money from the possession of the Appellant is also not proved beyond reasonable doubt - Appeal is allowed
1. This appeal is directed against the judgment dated 24.12.1998 passed in Special Criminal Case No.3 of 1992 by the Special Judge under the Prevention of Corruption Act, 1947 (henceforth 'the Act of 1947'), Raipur convicting and sentencing the Appellant as under:
Conviction
Sentence
Under Section 161 of the Indian Penal Code
Rigorous Imprisonment for 1 year and fine of Rs.1,000/- with default stipulation
Under Section 5(1)(d) read with Section 5(2) of the Act of 1947
Rigorous Imprisonment for 1 year and fine of Rs.1,000/- with default stipulation
2. Case of the prosecution, in brief, is that on the fateful day, i.e., 16.4.1987, the Appellant was employed as a Patwari of Circle No.9, Tahsil Kota, District Bilaspur. Complainant Hiradas (PW5) is a resident of Village Tendwa, which falls within the circle of Patwari Halka No.9. For selling his land, the Complainant demanded a copy of Khasra of his land from the Appellant. It is alleged that the Appellant demanded bribe of Rs.200/- from the Complainant. A written complaint (Ex.P1) was submitted by the Complainant. On the basis of the said complaint, Dehati Nalishi (Ex.P10) was recorded. A trap party was constituted. Panch witnesses Chandrakant Shukla (PW4) and Santuram (PW1) were called. The Complainant produced two currency notes each of Rs.100/-. The currency notes were tainted with phenolphthalein powder. Reaction of phenolphthalein powder and sodium carbonate was demonstrated. The currency notes were kept in the pocket of the Complainant and he was directed not to touch those notes before giving them to the Appellant. Preliminary Panchnama (Ex.P2) was prepared in which the aforesaid proceedings and numbers of the tainted currency notes were recorded. The trap party proceeded for the village of the Appellant and they reached there at about 6:30 p.m. Thereafter, the Complainant and his friend Sadheram (PW8) were sent to the Appellant's house. After sometime, Sadheram (PW8) came out of the house of the Appellant and told that the Complainant had given the tainted currency notes. The trap party entered the room of the Appellant. The Appellant was sitting on the floor of the room and was doing some writing work and the Complainant was sitting near the door of the room of the Appellant. After introducing themselves, the trap party caught the hands of the Appellant and washed them in a solution of sodium carbonate. Colour of the solution turned pink. Hands of panch witness Chandrakant Shukla (PW4) were also got dipped into another solution of sodium carbonate, but colour of the said solution did not turn. Nothing was found in personal search of the Appellant conducted by Chandrakant Shukla (PW4). Room of the Appellant was also searched. Two currency notes each of Rs.100/- were found kept below the shoes and slippers which were kept in front of the Chulha (hearth). On being compared, numbers of the currency notes which were recovered from the room of the Appellant were found to be the same which were noted in the preliminary panchnama (Ex.P2). On being dipped the said currency notes into another solution of sodium carbonate, colour of the solution turned pink. Hands of Chandrakant Shukla (PW4) and Complainant Hiradas (PW5) were also dipped into other solutions of sodium carbonate. Colour of the said solutions also turned pink. The currency notes recovered from the room of the Appellant were seized vide Ex.P4. A panchnama (Ex.P3) was prepared in which the whole proceedings of the trap done at the house of the Appellant was recorded. On the basis of the Dehati Nalishi (Ex.P10), First Information Report (Ex.P15) was registered. The seized articles were sent for chemical examination vide Ex.P13. Report of the Forensic Science Laboratory is Ex.P14. Other relevant documents were seized vide Ex.P5. Spot-map (Ex.P6) wa