Proof of demand and acceptance is essential for conviction under the Prevention of Corruption Act. Without sufficient evidence, the accused may be acquitted.

JUDGMENT :

Subodh Abhyankar, J.

1. Heard finally, with the consent of the parties.

2. This criminal appeal has been filed by the appellant – Ramchandra Bhadoriya, under Section 374 of Cr.P.C. against the judgement dated 01.10.2005 passed in Special Case No.09/2002 by I A.S.J. and Special Judge, Indore (M.P.) whereby finding the appellant guilty, the learned Judge of the trial Court has convicted him as under:-

both the sentences run concurrently.

3. In brief, the facts giving rise to the present appeal are that complainant Kailash Joshi was the Panchayat Secretary of Gram Panchayat Bhangiya, Tehsil Sanwer, and he required around 20 land rights and loan book (Bhu Adhikar Evam Rin Pustika) for which he submitted an application on 12.06.2001, in the office of Tehsildar, Sanwer along with the bank challan, which was forwarded by the Tehsildar to the appellant Ramchandra Bhadoriya, who was then posted as Assistant Grade- I, who used to look after the distribution of the Rin Pustika (loan book). The appellant asked the complainant to bring five hundred rupees, and on 20.06.2001, when the complainant again met with the appellant, he told him to bring Rs.500/- on 21.06.2001, and since the complainant did not want to pay him the aforesaid amount as bribe, on 21.06.2001 itself, he made a complaint in writing to the S.P. Lokayukt, Indore at around 11:00 AM in the morning, which case was handed over to the Inspector M. L. Chouhan (P.W. - 6). Thus, a trap team was constituted and panch witnesses, namely, (PW/3)R.C. Suman, Assistant Commercial Tax Officer, Circle – I, Indore and Rajesh Kumar Kshatriya, Labour Officer, Office of Labour Commissioner, Indore were called, and after completing procedural formalities, the complainant produced ten currency notes of Rs.50/-denomination, on which phenolphthalein powder was applied and they were kept in the left pocket of the shirt of the complainant with usual instructions, and a tape recorder was also given to the complainant to record the conversation between him and the appellant regarding the bribe.

4. Subsequently, the trap team reached the Tehsil office of the appellant, where the complainant went into the room of the appellant, and after he came out, he gave a signal by putting his hand on his head, and when the members of the trap team reached on the spot, the appellant also tried to flee from there, however, he was caught and informed the trap party that he has given the currency notes to the co- accused Bagdiram, who was posted as Panchayat Karmi/Secretary and thus, Inspector M.C. Sharma and Constable Manohar Patil went out to bring Bagdiram, and in the meantime, appellant‟s hands were washed with sodium carbonate solution to which the solution did not turn pink and remained colourless, however, when Bagdiram was brought in, his hands were washed and his pant‟s left pocket was also washed with the sodium carbonate solution, to which they turned pink. Co-accused Bagdiram also informed that he had given the aforesaid Rs.500/- to Kamal Kishore Mali, who sells vegetable on cart, outside the office. Thus, the aforesaid amount of Rs.500/- was finally seized from the said Kamal Kishore Mali, whose hands were also washed, which became pink. Thereafter, from the possession of appellant, Land rights and loan book (Bhu Adhikar Evam Rin Pustika) as also the distribution registers were also seized. During investigation, the transcript of the tape recorder was