IMPORTANT POINT
The main legal point established in the judgment is the requirement to prove demand and acceptance of illegal gratification for conviction under the Prevention of Corruption Act.

JUDGMENT ON BOARD :

1. The present appeal arises out of the impugned judgment of conviction and sentence dated 23.04.2016 passed by Special Judge (Prevention of Corruption Act) Rajnandgaon, District Rajnandgaon (C.G.) in Special Criminal Case No. 06/2013 whereby the appellant has been convicted for the offence punishable under Sections 7, 13 (1) (d) read with Section 13(2) of Prevention of Corruption Act, 1988, (for short, “the Act, 1988”) whereby the learned trial Court has sentenced the appellant in the following manner with a direction to run all sentences concurrently:

2. Brief facts of the case are that the appellant was working as the Forest Guard in the office of Sub Divisional Officer, forest division, Rajnandgaon. The complainant Raju Prasad Uike PW-1 who was engaged in making Bamboo articles had applied for a bamboo card for the purpose of obtaining bamboo from the Forest Department in subsidized charges. The complainant had moved an application for bamboo card on 29.07.2009 and when even after a long lapse of time he could not receive the bamboo card, he went to the office of the Sub Divisional Officer, forest to inquire about the bamboo card where he came to know that his bamboo card has already been prepared and lying with the present appellant. When he asked from the present appellant about his bamboo card, she demanded Rs. 3,000/- as bribe. On 07.06.2010 when he asked from the appellant through his mobile phone then he settled to give Rs. 1,000/- to the appellant against the said bamboo card. He has got prepared the CD of the conversation recorded in his mobile phone and since he does not want to give any bribe to the appellant, the complainant moved his complaint along with the said CD prepared from his mobile phone to the Superintendent of Police, Anti Corruption Bureau, Raipur. On his application a trap party was constituted. The panch witnesses were convinced and directed them to appear at 07:00 am on 08.06.2010 at Anti Corruption Bureau Office. On 07.06.2010, the members of trap party were again convinced and then they proceeded towards the office of the Sub Divisional Officer, forest Rajnandgaon where the appellant was working. Unnumbered Dehati Nalsi was registered with the Anti Corruption Bureau, Raipur. When the trap party reached to the office of the appellant, the complainant has given tainted currency note of Rs. 1,000/- which he was carrying with him given by the Anti Corruption Department. The appellant has taken the tainted currency note in her hand and kept in the handkerchief. Thereafter, the trap party caught hold her, washed her hand which turned into pink colour. The recovery Panchnama and other panchnamas were prepared. The pink coloured solution was seized by the Anti Corruption Department and it was sent to FSL, Raipur for its chemical examination and after completion of the usual investigation and after obtaining the necessary sanction from the concerned Department, recording statement of the witnesses and other usual formalities, the charge- sheet was filed before the learned trial Court for the offences under Sections 7, 13(1) (d) and 13(2) of the Act, 1988.

3. The learned trial Court has framed charge against the appellant for the offences under Sections 7, 13(1) (d) and 13(2) of the Act, 1988. The appellant abjured his guilt and claimed trial.

4. In order to bring home the charge, the prosecution has examined as many as 10 witnesses. The statement under Section 313 of CrPC of the appellant