The prosecution must prove the demand, acceptance, and recovery of bribe money beyond reasonable doubt to secure a conviction under the Prevention of Corruption Act.

JUDGMENT :

1. Heard Mr. Dilip Kumar Prasad, learned counsel appearing on behalf of the appellant alongwith Mr. Jitesh Kumar, Advocate.

2. Heard Mrs. Nitu Sinha, learned counsel appearing on behalf of the Opposite Party-C.B.I..

3. This criminal appeal is directed against the judgment dated 28.02.2007 passed by Md. Noman Ali, 7th A.J.C.-cum-Special Judge, C.B.I., Ranchi in R.C. Case No.2(A)/2003(R) whereby the learned Special Judge has convicted the appellant under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and has sentenced him to undergo Rigorous Imprisonment for one year and fine of Rs. 200/- under Section 7 and Rigorous Imprisonment for 2 years and fine of Rs. 250/- under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. It has also been directed that in case of default of payment of fine, the appellant will further undergo simple imprisonment for 10 days on each count and both the sentences have been directed to run concurrently.

4. As per the prosecution case, appellant was posted and functioning as Loading Clerk/Munshi, CCL, Churi Colliery, Chatra at the relevant point of time and demanded Rs. 200/- as illegal gratification from the Complainant to release Challan-cum-Gate pass in respect of Truck no. BPV 9789. As per the prosecution case, the Complainant visited CBI office on 30.01.2003 with the aforesaid complaint. Thereafter, Sri Vikas Gupta, Inspector, CBI, Ranchi was instructed to verify the complaint who interrogated the Complainant thoroughly and submitted verification report recommending registration of Regular Case against the appellant under Section 7 of the Prevention of Corruption Act, 1988 and consequently, the case was registered under the orders of Superintendent of Police, CBI, Ranchi and it was decided to lay a trap to catch the appellant. Accordingly, a team consisting of Sri Bikas Gupta, Inspector, Sri Mukesh Verma, Sri Mahesh Kumar, Constable and Sameer Singha, Constable under the leadership of Sri K.K. Singh was constituted and two independent witnesses namely, Md. Aslam, Postal Asst. GPO, Ranchi, Sri Mehndi Hasan were also included. Thereafter, aforesaid CBI team members alongwith both the independent witnesses namely, Md. Aslam, Postal Asst. GPO Ranchi, Sri Mehndi Hasan and the Complainant assembled in a room in the office of SP, CBI, ACB, Ranchi on 30.01.2003. After introducing each other, the purpose of assemblage was explained to all persons. The process of laying a trap as well as the role of each member to be played during the trap was also explained. The Complaint was shown to both the independent witnesses and both the witnesses went through the same. Thereafter, the use of Phenolphthalein powder in laying of a trap was explained and its chemical reaction with the solution of Sodium Carbonate in water was also explained which was followed by a practical demonstration given before all present including the aforesaid two independent witnesses and the Complainant. Thereafter, the Complainant was asked to produce the amount of Rs. 200/- brought by him which was to be given to the appellant on his specific demand as bribe. The complainant produced two number of Hundred Rupee GC Notes amounting to Rs. 200/ whose numbers and denomination were noted and were treated with Phenolphthalein powder and the entire proceedings were incorporated in detail in the pre-trap memorandum.

Thereafter, the Complainant was asked to keep the said tainted GC Notes with him, which he did. Soon after completion of the above pre-trap formalities, the aforesaid CBI Trap team members alongwith both the above independent witnesses and the Complainant left the CBI office and reached near the Loading Spot of Churi Colliery of CCL at about 01.05 P.M. in two office vehicles on 30.01.2003. Thereafter, the aforesaid CBI trap team members took their suit