2026:CGHC:1492 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 189 of 2005 Judgment Reserved on 16. 12.2025 Judgment Pronounced on 09 .01.2026 Chhagan Lal Sahu , S/o Thakur Ram Sahu, Aged about 41 years, Post – Patwari Halka No. -25, Village – Amoda, Revenue Circle – Narharpur, Distt – Kanker, (C.G.), Permanent Address – Village – Sankara, Tahsil – Sihava (Nagari), Distt – Dhamtari (C.G.)

... Appellant/accused versus State Of Chhattisgarh Through : Special Police Establishment, Lokayukt Karyalaya, Jagdalpur, Distt – Bastar (C.G.)

... Respondent (Cause title, as taken from Case Information System)

For Appellant : Mr. Chandresh Shrivastava & Ms. Manisha Yadav, Advocate For Respondent : Mr. Sanjeev Pandey, Dy. Advocate General with Mrs. Mukta Tripathi, Panel Lawyer.

(Hon’ble Mr. Justice Naresh Kumar Chandravanshi)

CAV JUDGMENT

1. This criminal appeal has been preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (henceforth, Cr.P.C.) challenging the judgment of conviction and order of sentence dated 16^th February, 2005 passed by First Upper Sessions Judge & Special Judge, Prevention of Corruption Act, 1988 (for brevity, “Special Judge”) in Special Case No. 07/2002, whereby the learned Special Judge, after holding the appellant guilty, convicted and sentenced him in the following manner:-

2. Case of the prosecution, in brief, is that complainant – Durgaram Kodopi (PW-4) made a written complaint on 16.08.2001 vide Ex.P-1 before Superintendent of Police, Lokayukt Office, Jagdalpur complaining inter alia that in pursuance of the Scheme of the Government, patta was granting to the persons, who were living on Abadi land. Complainant – Durgaran Kodopi (PW-4) was in possession of 5 decimals of abadi land at the intersection leading from Amoda to Kortampara for 10 years and had constructed the house on it.

2.1 On 10.07.2001, he filed an application for patta of aforesaid abadi land under the Government Scheme before the Patwari to Patwari Halka No. 25(6), Amoda and Tahsil, Narharpur. Subsequently, on 15.8.2001, complainant met with the appellant, who was patwari of aforesaid halka, at his home and enquired about forwarding of survey report, then the appellant demanded a bribe of Rs. 250/- from the complainant for forwarding the said survey report to the Tahsildar and he has been called with bribe money on 16.8.2001, which the complainant is not willing to give, therefore, he made written complaint against the appellant/ accused and in pursuance thereof, Dehati Nalishi No. 0/2001 (Ex.P-10) under Section 7 of the PC Act was registered against the appellant/accused in Lokayukt office, Jagdalpur on 16.8.2001. Based on which, crime No. 172/2001 (Ex.P-14) has been registered against the appellant at Special Police Establishment, Lokayukt Office, Bhopal (M.P.) on 27.8.2001.

2.2 On the same date, the complaint was filed, two independent witnesses were called and trap team was constituted wherein, complainant presented the amount of Rs. 250/- consisting of fifty rupees notes, in the Lokayukt office, thereafter, preliminary panchnama was prepared and aforesaid amount was chemically treated with phenolphthalein powder. Demonstration of mixing of phenolphthalein powder with the solution of sodium carbonate was given to complainant in presence of two panch witnesses namely namely – R.M. Das, Planning Officer, Education Department and B.S. Ramkumar, Lecturer (PW-1) presented in Lokayukt Office. The currency notes were kept in the pocket of complainant with some instructions. After completion of formalities of pre-trap arrangements, on 16.8.2001, a trap party along with complainant proceeded towards village Amoda, but on that day, trap could not be conducted. Thereafter, on the next day i.e. on 17.8.2001 in the morning, again complainant was sent to the govt. accommodation of appellant / accused, at that time, trap party hide themselves and saw the complainant going towards govt. accommodation of the appellant. The complainant gave bribe mone