The required proof of demand for illegal gratification under Section 7 of the Prevention of Corruption Act was not established, necessitating the acquittal of the accused.

JUDGMENT :

Farjand Ali, J.

Grievance

1. By way of filing the instant appeal, the appellant assails the judgment of conviction and order of sentence dated 27.10.2015 passed by the learned Special Judge (Sessions Court) for P.C. Act Cases, Udaipur in Criminal Case No. 16/2009, whereby the appellant has been convicted under Section 7 of the Prevention of Corruption Act, 1988 and sentenced to undergo two years’ rigorous imprisonment with a fine of Rs. 20,000/- and, in default thereof, to further undergo two months’ additional imprisonment, which judgment and sentence are arbitrary, illegal and unsustainable in the eyes of law and are liable to be quashed and set aside.

Facts of the Case

2. The brief facts of the present appeal are that on 03.07.2008, the complainant Bapu Lal submitted a handwritten complaint before the Additional Deputy Superintendent of Police, Anti- Corruption Bureau, Banswara. In the said complaint, he alleged that an FIR had earlier been lodged at Police Station Kalinjara by one Anita D/o Nangu, accusing his younger brother Suresh S/o Shambhu Lal, resident of Makadichor, of kidnapping and committing rape. In connection with the said case, the then Station House Officer, Kalinjara, namely Hagama Lal, arrested the complainant’s brother Suresh, his father Shambhu Lal, his uncle Prabhu Lal, and his maternal uncle Devi Lal, and sent them to judicial custody. It was further alleged that the said SHO intended to arrest the complainant’s brother-in-law, Roop Lal (Master), and upon enquiry, the complainant was informed by the SHO that a bribe of Rs.5,000/- would be required for not effecting the said arrest. The complainant stated that an amount of Rs.7,000/- had already been paid, and since he was unwilling to pay any further bribe, he sought action to catch the accused red-handed. He further asserted that he bore no enmity against the accused and requested initiation of proceedings.

3. Upon receipt of the complaint, Police Inspector Arijendra Singh Bhati, ACB, Banswara, conducted verification proceedings, during which the demand of illegal gratification by the accused was allegedly confirmed. Thereafter, trap proceedings were organized in the presence of motbir witnesses. It is alleged that when the accused accepted the bribe amount of Rs.5,000/-, and upon suspecting the presence of the ACB team, he fled from the spot.

4. Consequently, FIR No. 168/2008 was registered at ACB Chowki, Banswara, and investigation commenced. Upon completion of investigation, a charge-sheet was filed against the accused-appellant for offences under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, and Section 201 IPC. Charges were framed accordingly, to which the accused pleaded not guilty and claimed trial.

5. During trial, the prosecution examined 19 witnesses and produced documentary evidence marked as Exhibits P-1 to P-33. The statement of the accused-appellant was recorded under Section 313 Cr.P.C., wherein he denied the prosecution allegations, claimed false implication, and asserted that he neither demanded nor accepted any bribe.

6. After hearing arguments from both sides and upon appreciation of the evidence on record, the learned trial court concluded that the prosecution had proved the charge under Section 7 of the Prevention of Corruption Act, 1988 beyond reas