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04.08.2025 17.11.2025 -- 17.11.2025 HIGH COURT OF CHHATTISGARH AT BILASPUR Judgment reserved on: 04.08.2025 Judgment delivered on: 17.11.2025 CRA No. 548 of 2007

1 - Ajit Singh Chhabra, S/o Shri Hari Singh Chhabra, Aged about 59 years, Sub-Divisional Engineer, Telecom Project, R/o Qtr. No. 5, New Rajendra Nagar, Raipur, C.G. Present Address- Indore, M.P.

--- Appellant versus

1 - State of Chhattisgarh through Special Police Establishment, Lokayukta Office, Bhopal, Unit- Raipur, District- Raipur, Chhattisgarh.

--- Respondent(s)

Hon'ble Smt Justice Rajani Dubey

CAV Judgment

1. The present appeal under Section 374(2) of Code of Criminal Procedure has been preferred against the the judgment of conviction and order of sentence dated 30.06.2007 passed by learned Special Judge & First Additional Sessions Judge, Raipur, C.G. in Special Criminal Case No. 06/2003 whereby, the trial Court has convicted the appellant and sentenced him as under:-

2. The prosecution case, in brief, is that the complainant, Ravi Kumar, was working as a contractor in the Telecom Project, Raipur, on the basis of a Power of Attorney executed by M/s Krishna Construction, Jabalpur, as their General Power of Attorney holder. He was entrusted with the MW Exchange work pursuant to a work order issued on 02.02.1999, and the execution commenced on 16.02.1999. The stipulated period for completion of the work was 12 weeks; however, due to the department’s failure to supply materials as per the terms of the contract, the work could not be completed. Further, as the Telecom Project had not obtained necessary sanction from the National Highway Authority, objections were raised by the said authority, resulting in stoppage of work on 05.10.1999.

In December 1999, the appellant, who was then posted as Site In-charge of Sector–13, called the complainant, demanded a bribe of Rs.70,000/-, and threatened termination of the contract. He assured the complainant that upon payment of the said amount his earnest money deposit and security deposit would be protected. Upon the complainant’s refusal to pay the bribe, a show-cause notice was issued to him, which he received on 27.01.2000. Without affording the complainant an opportunity of hearing, the Divisional Engineer (Telecom Project) terminated the contract on the same day. When the complainant thereafter met the Divisional Engineer and the appellant, the appellant informed him that the termination was a consequence of non-payment of the demanded bribe. The appellant further stated that payment was due for 100 metres of completed work and demanded an additional bribe of Rs.3,000/- for expeditious processing of the same.

Unwilling to yield to the illegal demand, the complainant submitted a written report to the Superintendent of Police, Lokayukta, Raipur, on 04.02.2000. A preliminary panchnama was prepared to verify the allegations, and a micro-tape recorder was provided to the complainant. On 05.02.2000, the complainant met the appellant and recorded his demand for Rs.3,000/-. The complainant then submitted another written report on the same day along with the tape, and a transcript was prepared. On 06.02.2000, the complainant produced Rs.3,000/- in Rs.100 denomination notes, the numbers of which were noted in the preliminary panchnama. Phenolphthalein powder was applied to the currency notes, which were kept in the right pocket of the complainant’s trousers. He was instructed to hand over the tainted currency to the appellant only upon demand and to avoid shaking hands before or after handing over the money.

Subsequently, after completing the requisite preparations and tests, a trap team was constituted. The complainant, accompanied by panch witness Bhaskar Rao, proceeded to the appellant’s residence. After a brief interaction, they signalled the trap party, which then enter