IMPORTANT POINT
The prosecution must prove demand and acceptance of bribe beyond reasonable doubt; failure to do so results in acquittal.

JUDGMENT :

Rajani Dubey, J.

1. This appeal is preferred under Section 374 of the Code of Criminal Procedure, 1973 against the judgment dated 28.07.2005 passed in Special Criminal Case No. 20/2002 by Special Judge & First Additional Sessions Judge, Raipur, District- Raipur (C.G.) in Special Case No. 20/2002, whereby the said Court convicted the appellant and sentenced them as under:-

(Both substantive sentences are directed to run concurrently.)

2. The case of the prosecution, in brief, is that the complainant Malikram Sahu is the resident of village Jammuda, Police Station-Basna, District Mahasamund (C.G.), he had a dealing with Indrajit Gaud of his village regarding purchase of 1.96 acre land. As the land was in possession of one Indrajit Gaud, who belongs to Scheduled Tribe caste, his land cannot be purchased from an Unreserved caste person without the permission of the Collector. As such, the complainant Malikram Sahu went to the office of Collector, for taking no objection certificate (NOC) regarding purchase of land from Indrajit Gaud and the complainant gave an application on the last week of January, 2001. Regarding this, the Collector had sent the application to the Tehsil office Mahasamund and after that, the same was sent to the SDM office Mahasamund, (C.G.). When the complainant Malikram Sahu did not receive the no objection certificate for land transfer, he went to the office of Collector Mahasamund for multiple times, there he met the reader of Collector Mahasamund, accused Human Singh Nishad. Then the accused told him that the work will not be done without paying some money. On this, the complainant Malikram Sahu again went to the Collector’s office Mahasamund on 23.04.2001 and met the reader, Human Singh Nishad, whereupon a demand of Rs. 8,000/-was raised by the accused/appellant and he further mentioned that if his demand is met, he would release the applicant’s no objection certificate (NOC) and told the complainant to bring the said money. Since, the complainant did not want to give money to the accused/appellant, therefore, on 24.04.2001, the complainant along with his acquaintance Tikas lal Sahu went to Police Officer, Lokayukta Office Raipur on 24.04.2001 and the complainant submitted a written complaint as Ex. P/26 and on the basis of complaintg the Superintendent of Police authorized Police Inspector Ramkumar Sharma to take legal action on the application and gave the complainant a micro tape recorder cassette and instructed him to go to the reader i.e., accused/appellant Human Singh Nishad and talk to him regarding the bribe amount and inform it over the telephone. Thereafter, the complainant went to the office of Human Singh Nishad in the evening of the same day and recorded the conversation regarding bribe amount of Rs. 8,000/- with the accused/appellant and then he informed about the incident over telephone to the Deputy Superintendent Police, Mr. Banjare. On this, the Deputy Superintendent of Police Mr. Banjare instructed the complainant Malikram Sahu to go to village Godhari on 25.04.2001 at 01:00 pm. The complainant Malikram Sahu again submitted an application on 25.04.2001 vide Ex. P/01 in the name of Superintendent of Police, Lokayukta Office, Raipur and directed the Police Inspector Mr. R. K. Sharma to take action against the accused/appellant Human Singh Nishad. Mr. Ram Kumar Sharma (PW-01), Inspector of Police, Special Police Establishment Lokayukta Office, Raipur had summoned Panch witnesses Kaushalendra Mishra, Assistant Fisheries Officer, Raipur and Shri Suprio Sanyol, Fisheries Inspector