The main legal point established in the judgment is the demand and acceptance of a bribe by a public servant, leading to conviction under the Prevention of Corruption Act, 1988.

JUDGMENT :

A. K. SHRIVASTAVA, J.

1. Feeling aggrieved by the judgment of conviction and order of sentence dated 12-9-2001 passed by learned Special Judge (First Additional Sessions Judge), Ujjain in Special Case No. 1171999 convicting the appellant under sections 7 and 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act") and sentencing him to R.I. for 3 years and fine of Rs. 2,000/-, in default further R.I. for 6 months under section 7 of the Act and R.I. for 5 years and fine of Rs. 5,000/- under section 13(1)(d) read with section 13(2) of the Act, in default further R.I. for 12 months, the appellant has knocked the doors of this Court by preferring this appeal under section 374(2) of the Code of Criminal Procedure, 1973.

2. Certain admitted facts as borne out from the impugned judgment are as under :-

(i) The services of appellant were deputed on 28-9-1994 on the post of Building Officer to the Municipal Corporation, Ujjain vide order Ex.D-13;

(ii) on 30-9-1994 he was relieved from his parent department M. P. Housing Board where he was serving on the post of Building Officer;

(iii) on 1-10-1994 he joined his services as Building Officer in the Municipal Corporation, Ujjain vide report Ex.P-30;

(iv) the then Commissioner of the Municipal Corporation Pramod Kumar Gupta vide order Ex.P-31 dated 26-10-1994 authorised the appellant to take necessary action against the persons who have built the construction without permission, to accord permission to construct the house and building; and to take necessary action against the buildings which have become hazardous;

(v) the appellant in the capacity of the Building Officer issued notice (Ex.P-1) under his signature on 24-10-1998 to complainant Mohanlal Jhangiyani (PW-1);

(vi) the official residence of the appellant is on the rear side of the Grand Hotel;

(vii) the complainant Mohanlal Jhangiyani rubbed his left hand on his head and gave signal to the members of the trap party, as a result of which Head Constable Vijay Barche (PW-9) and other constables caught the hands of the appellant from the wrist and thereafter the trap party arrived and they carried the appellant to his drawing room;

(viii) when the constables were catching hold the hands of the appellant he was trying to get them released but on account of the tight grip of the constables he was unable to get his hands released;

(ix) the Head Constable Nirpatlal Choudhary (PW-2) and other constables caught hold the appellant nearby the gate and wire-fencing of his official residence;

(x) the appellant was arrested and arrest memo (Ex.P-14) was prepared; and

(xi) when the appellant was arrested along with the other belongings of him, a piece of blue print article "Y" was seized and on that piece of blue print complainant Mohanlal Jhangiyani (PW-1) and independent Panch witness Vinod Rathore (PW-4) put their signature.

3. In brief the case of the prosecution is that complainant Mohanlal (PW-1) on 4-12-1998 submitted a written complaint (Ex.P-2) to Superintendent of Police, Special Police Establishment, Lokayukt at Ujjain stating therein that the shopping complex, which was being constructed by him at 63, Sainath Nagar, Ujjain by showing it to be illegal construction, on 24-10-1998 the appellant issued a show cause notice (Ex.P-1) to him. Eventually, complainant 3-4 days before submitting a complaint (Ex.P-2) met the appellant and at that juncture, he (appellant) made demand of illegal gratification of Rs. 1.00 Lac (Rupees One Lac). The authenticity of the complaint (Ex.P-2) was examined by Inspector Ajeet Kumar Maseeh and in order to test its hallmark the Inspector handed over a tape recorder to the complainant with a direction to record the conversation of illegal gratification and a Panchnama (Ex.P-3) was also prepared in that regard on 4-12-1998. After tape-recording the conversation of bribe which was affirmed in the office of the Special Police Establishment by playing the tape-r