Back
1992 Supreme(All) 351
HIGH COURT OF ALLAHABAD
B.P.Singh
Devendra Narain
Versus
State of Uttar Pradesh
Cri.Appeal 1419 of 1988
Decided On : 23 June 1992
Cri. Appeal 1419 Of 1988
In trap cases, the bribe money should be treated with phenolphthalein powder to facilitate easy proof of the bribe passing.
Headnote:
PREVENTION OF CORRUPTION ACT - SECTION 5(2) - FACTUAL CIRCUMSTANCES - EVIDENCE - WITNESSES - TRAP - BRIBE MONEY - PHENOLPHTHALEIN POWDER TREATMENT - INDEPENDENT WITNESSES - CONTRADICTIONS - SITE-PLAN - INVESTIGATION - DOUBT - APPEAL - CONVICTION SET ASIDE - SUMMARY
Fact of the Case:
Devendra Narain, an Assistant Record Keeper in Tahsil Kol, Aligarh, was accused of accepting a bribe of Rs. 150 from Smt. Lajja Sharma to mutate her name in revenue records. A trap was laid by the police, and Devendra Narain was caught red-handed with the bribe money in his hand. He was charged under Section 5(2) of the Prevention of Corruption Act read with Section 161 IPC and sentenced to one year RI and a fine of Rs. 1,000.
Finding of the Court:
The court found that the prosecution failed to prove its case against the appellant beyond reasonable doubt. The court noted that the bribe money was not treated with phenolphthalein powder, which is a standard practice in trap cases. The court also found that the appellant was caught in the presence of several officials, which is not the usual conduct of a person who has accepted a bribe. Additionally, there were contradictions in the statements of the prosecution witnesses and discrepancies in the site plan of the room where the bribe was allegedly passed.
Issues: 1. Whether the prosecution had proved its case against the appellant beyond reasonable doubt. 2. Whether the evidence of the prosecution witnesses was reliable.
Ratio Decidendi: The court held that the prosecution had failed to prove its case against the appellant beyond reasonable doubt. The court noted that the bribe money was not treated with phenolphthalein powder, which is a standard practice in trap cases. The court also found that the appellant was caught in the presence of several officials, which is not the usual conduct of a person who has accepted a bribe. Additionally, there were contradictions in the statements of the prosecution witnesses and discrepancies in the site plan of the room where the bribe was allegedly passed.
Final Decision: The court allowed the appeal and set aside the conviction and sentence of the appellant.
( 1 ) DEVENDRA Narain has come in appeal against his conviction for one year R. I. anda I. P. C. recorded by IV Additional Sessions Judge, Aligarh in Special Case No. 11 of 1985.
( 2 ) THE case of the prosecution may briefly be stated as follows: on 22. 2. 1984 Smt. Lajja Sharma wife of Banwari Lal Sharma, resident of village Shahjahanpur, P. S. Harduaganj District Aligarh had moved an application (Ex. Ka. 1) before Sri Dhananjai Singh (P. W. 1), Additional District Magistrate Aligarh, alleging that one Assistant Record Keeper in Tahsil Kol, District Aligarh was demanding Rs. 500/- by way of bribe for getting her name mutated in revenue records and that after higgling the matter has been settled at Rs. 300/ -. It was further alleged by Smt. Lajja Sharma in her application that out of the bribe of Rs. 300/ - a sum of Rs. 150/- was to be paid in advance to the said Assistant Record Keeper and the balance of Rs. 150/- was to be paid after the mutation in her name was done. Sri Dhananjai Singh (P. W. 1) directed the Sub-Divisional Magistrate, Kol to take necessary action. Sri Prakash Singh, S. D. M. , Kol then sent the papers to the S. P. City vide his application (Ex. Ka. 2 ). The S. P. City directed the C. O. City II, Sri S. K. Saxena to lay the trap vide his order dated 22. 2. 1984 (Ex. Ka. 3) along with the application (Ex. Ka. 2) and the order (Ex. Ka. 3 ). The S. D. M. , Kol had also sent the Statement of Smt. Lajja Sharma (Ex. Ka 4) which was recorded by him. Acting under the orders of the S. P. City, Dy. S. P. , Sri Shiv Kumar Sharma (P. W. 2) made the preparation for laying the trap against the concerned Assistant Record Keeper, Devendra Narain. Smt. Lajja Sharma had given him notes in the value of Rs. 150/- and their numbers were compared by Dy. S. P. , Sri S. K. Sharma (P. W. 2), with the numbers which were mentioned in the statement of Smt. Lajja Sharma (Ex. Ka. 4 ). As Devendra Narain was not available on 25. 2. 1984 the trap could not be laid on that date and the date of trap was shifted to 28. 2. 1984. On 28. 2. 1984 Smt. Lajja Sharma came to Dy. S. P. (P. W. 2) and gave him the noter. Numbers of these notes were again compared by Dy. S. P. (P. W. 2) with the numbers, which were mentioned in the Statement of Smt. Lajja Sharma (Ex. Ka. 4 ). It was also given out by Smt. Lajja Sharma that her husband, Banwari Lal5harma had got a sale deed executed in his favour from Shafi Ahmad son of Mahtab, but the village Lekhpal had fictitiously recorded the name of Shafi Ullah in place of Shafi Ahmad and it was to correct this name that Devendra Narain had agreed to accept Rs. 300/- by way of bribe.
( 3 ) AS pre-arranged Smt. Lajja Sharma accompanied by Rajendra Prasad and Maha Prakash met Dy. S. P. , Sri Shiv Kumar Sharma (p. W. 2), in P. S. Kol, Aligarh. Taking C. O. City, Sri. S. S. Negi; Inspector Kotwali, Sri. G. N. Tyagi, Sub-Inspector Sri Tej Pal Singh, Smt. Lajja Sharma and the witnesses with him, Dy. S. P. Sri Shiv Kumar Sharma proceeded to Tahsil Kol. Rupees 150/- in notes were given by Dy. S. P. to Smt Lajja Sharma with the direction that these notes were to be handed over in bribe to Devendra Narain. It was further directed that Smt. Lajja Sharma accompanied by Rajendra Prasad and Maha Prakash would go in the room of Devendra Narain while Dy. S. P. Shiv Kumar Sharma (P. W. 2) and C. O. City S. S. Negi will remain near the door of the said room which had its opening in verandah. The Inspector Kol and S. I. Tej Pal Singh were to remain outside the varandah.
( 4 ) AT about 1. 10 p. m. Smt. Lajja Sharma and the witnesses went inside the room where Devendra Narain was working. Handing over the notes to Devendra Narain, Smt. Lajja Sharma gave out that she had paid the bribe of Rs. 150/- which was agreed and the balance of Rs. 150/- would be paid by her afterwards and that now Devendra Narain was to make entries in the records in the name of her husband after deleting the name of Shafi Ullah. Smt. Lajja Sharm
