C A V J U D G M E N T

1. This appeal has been preferred by the appellant under Section 374 (2) of CrPC calling in question the legality, validity and correctness of the judgment of conviction and order of sentence dated 19.12.2013 passed by Special Judge (Prevention of Corruption Act, 1988) cum 1^st Additional Session Judge, Raipur, in Special Criminal Case No.06/2006 whereby the appellant has been convicted and sentenced as under:

2. It is an undisputed fact that at the time of incident which is said to have taken place in the month of September, 2005, appellant Hemant Singh Thakur was a public servant posted as Patwari at Patwari Halka No. 126, Abhanpur, Police Station and Tehsil -

Abhanpur, District-Raipur.

3. The facts of the case, in brief, are that the land measuring 4 acres

58 decimals in Khasra number 1238 situated in village Bharenga was registered in the name of the maternal grandmother of complainant Santram (PW-1). After death of his maternal grandmother, the said land was transferred in the name of complainant’s mother Khorbaharin Bai. After death of Khorbaharin Bai, complainant Santram, his brother Ram Sahai (PW-5) and Bhabhi Brij Bai W/o late Bala Ram had a dispute with Guha Ram Satnami over the land. The Tehsildar, Abhanpur passed an order in favour of Guha Ram Satnami against which the complainant filed an appeal before the Sub-Divisional Officer, Raipur. The appeal of the complainant was accepted on 06/08/2005 and an order was passed to enter the name of complainant Santram in the revenue records and a copy of which was sent to the Patwari/appellant through proper channel. On 01/09/2005, complainant Santram contacted Patwari/appellant Hemant Singh Thakur and requested him for Namantran/Mutation (to register his name in the revenue records), for which, the appellant demanded bribe of Rs.3,000 from him. Earlier also, the appellant had taken bribe of Rs.10,000 from the complainant on demand of another copy of revenue record. Therefore, complainant Santram did not want to give him bribe again. On 13/09/2005, the complainant went to the office of Anti Corruption Bureau, Raipur and submitted a written complaint (Exhibit P-1). The complainant (PW-1) was handed over a tape recorder to record the conversation regarding demand of bribe. The complainant recorded the conversation with the appellant and presented it, the transcription of which was prepared as Exhibit P-4. On the basis of written complaint Exhibit P-1, Dehati Nalsi Exhibit P-2 was registered on 14/09/2005. Again on 14/09/2005, on another complaint (Exhibit P-5) submitted by complainant Santram, a trap team was formed under the supervision of Inspector A. S. Gill (PW-13) posted in Anti Corruption Bureau Office, Raipur comprising Inspector Anil Pathak (not examined), Inspector S.K. Sen (PW-12), Head Constable Govind Ram (not examined), Constable Alexander Ekka (not examined). Assistant Engineer of Public Works Department, Bilaspur H. P. Verma (PW-7) and Executive Engineer of Public Works Department J. P. Tigga (PW-9) were also taken as independent witnesses. Complainant Santram presented six notes of Rs.500 each, whose numbers were recorded. A solution of phenolphthalein powder etc. was prepared. The complainant was instructed to give a signal by patting his head after the appellant had accepted the bribe amount. The trap team along with the complainant and the witnesses left for the Tehsil office, Aabhanpur. The complainant Santram (PW-1) was accompanied by his son Narendra Bhatt (PW-6) as shadow witness who went to the Tehsil office and saw the appellant present there. The complainant went inside