2026:CGHC:4149 Digitally Digitally Digitally Digitally Digitally Digitally Digitally Digitally NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1481 of 2015 Ram Lal Sharma S/o Late Rati Ram Sharma, Aged About 63 Years, Retired Assistant Grade-2, At Present R/o Shyam Nagar Raipur, Distt. Raipur, Permanent Address Village Bhiso, Thana Pamgardha, Distt. Janjgir Champa, Chhattisgarh ... Appellant versus State of Chhattisgarh Through Anti Corruption Bureau, Raipur, Distt. Raipur, Chhattisgarh., Chhattisgarh --- State/Respondent ___________________________________________________________

For Appellant : Mr. K.P.S. Gandhi, Advocates. For State : Mr. Kishan Lal Sahu, Dy.G.A.

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Hon'ble Smt. Justice Rajani Dubey C A V Judgement

1. This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment dated 17.11.2015 passed by learned Special Judge (Prevention of Corruption Act, 1988) Dhamtari, District- Dhamtari (C.G.) in Special Criminal Case No. 02/2011 whereby the appellant has been convicted for the offence punishable under Sections 7 and 13 (1) (d) read with Section 13(2) of Prevention of Corruption Act, 1988, (for short, “the Act, 1988”) whereby the learned trial Court has sentenced the appellant in the following manner with a direction to run both sentences concurrently:

2. The case of the prosecution, as unfolded from the impugned judgment and the records of the case is that on 04.11.2009, complainant- Ramesh Kumar Dewangan made a written complaint before the Anti- Corruption Bureau against the appellant, saying that on 31.05.2008, he was retired from the post of Assistant Extension Officer from the Janpad Panchyat, Kurud. The complainant was entitled for benefit of arrears of 6^th Pay Commission as granted by the State government with effect from 01.01.2006, for which complainant met with the appellant for getting his arrears of Rs. 1.25-1.50 lakhs. The appellant demanded bribe from the complainant in relation to payment of said arrears in three installments and it is further alleged that if the complainant would pay him illegal gratification of Rs. 5,000/- to the appellant, then he would prepare certificate for payment of arrears and remaining amount of Rs. 5,000/- will be taken by him before payment of arrears. For payment of first installment arrears amount of Rs. 50,000/- to 60,000/- to the complainant, the appellant made a demand of bribe of Rs. 5,000/- from the complainant, but the complainant was not ready to pay the same, as it was the complainant’s right to receive full arrears for which he is entitled to. On the basis of written complaint of Ramesh Kumar Dewangan, tape recorder was provided to him by the A.C.B. Raipur for recording conversation between the appellant and the complainant regarding the demand of bribe. On 06.11.2009, the conversation between the appellant and the complainant had been recorded, same was put up before the trap party, on the basis of such voice recording, transcription had been prepared and also on the basis of which F.I.R. had been registered by the Anti-Corruption Bureau, Raipur. Panch witnesses were summoned for the trap proceedings and were introduced to the complainant at the Tehsil office in Bhakhara the following morning. A trap was initiated and organized the following morning. Following the initial panchnama proceedings, the complainant went to the Janpad office at Kurud and handed the accused a bribe amount of ₹5,000. Thereafter, the complainant gave a signal to the trap party by making a gesture as he was instructed by the trap team. At that time, the accused handed the notes received from the complainant to hotel owner Shailendra Thakur for counting. The trap party introduced themselves to the accused and asked for his identity. He stated his name as Ramlal Sharma, Clerk, District Panchayat, Kurud. Upon questioning regarding the bribe amount, he stated that the amount was borrowed an