The court affirmed that the prosecution must prove demand and acceptance of bribe, which can be established through circumstantial evidence even if the complainant turns hostile.

1]

Heard finally, with the consent of the parties.

2]

This criminal appeal has been filed under Section 374(2) of Cr.P.C. against the judgement dated 11.01.2004, passed in Special Case No.7 of 2001 by Special Judge (for S.P.E. Cases), Indore (MP) whereby, the appellant has been convicted under Section 7 of The Prevention of Corruption Act, 1988 (hereinafter referred to as „the Act of 1988‟), and sentenced to undergo rigorous imprisonment for one year with fine of Rs.5,000/-, with default stipulation.

3]

In brief, the facts of the case are that in the year 2000, when the appellant was posted as Lower Division Clerk in the office of Naib Tehsildar Betma, he was caught red handed taking a bribe of Rs.2000/-, which he allegedly demanded from the complainant Meharban Singh (PW-2).

4]

The case of the prosecution is that Meharban Singh had filed an application (Ex.P/11) under section 131 of the M.P.L.R.C. on 22.09.2000, before the Naib Tehsildar, Betma against his brother Bharat Singh regarding a dispute over the right of way pertaining to the land of one Sampat Bai, the aunt of the complainant Meharban Singh; situated at village Sejwani.

Another application (Ex.P/12) under Section 32 of the M.P.L.R.C. was also filed by the complainant before the Naib Tehsildar for opening the way. However, after initial issuance of notice to Bharat Singh, as he did not appear, to issue further notice to him, the appellant, who was posted as the LDC in the Office of Naib Tehsildar demanded a sum of Rs.2,000/- from the complainant. According to the prosecution, the appellant assured the complainant Meharban Singh that if he pays a sum of Rs.2,000/- to him, he would further issue the fresh notice to Bharat Singh.

Thus, a complaint (Ex.P/1) dated 30.09.2000 to this effect was submitted by the complainant Meharban Singh before the Superintendent of Police, Special Police Establishment, Lokayukt, narrating the said facts and also stating that he does not wish to pay to the appellant the sum of Rs.2000/-. Thus, after completing the procedural formalities, a trap was laid, in which the appellant was caught red handed on 03.10.2000. After the trap, the investigation ensued, and the charge sheet was filed. The learned Judge of the Trial Court, after recording evidence, has convicted the appellant as aforesaid. Hence, this appeal. 5]

Shri Ravindra Chhabra, learned senior counsel appearing for the appellant assisted by Ms. Praneesha Nayyer has submitted that the impugned judgement is bad in law, and deserves to be set aside, as the learned Judge of the Trial Court has erred in not considering the fact that the demand itself has not been proved by the prosecution. It is submitted that even the complainant Meharban Singh (PW-2) has not supported the case of the prosecution and has clearly stated that the aforesaid amount was given by him to the appellant towards the repayment of the loan amount which he had borrowed from Seema Devi, the wife of the appellant, as he had borrowed Rs.3,000/- from her. 6]

Shri Chhabra has also submitted that according to the complainant (PW-2) Meharban Singh, since the appellant had come to his village for a couple of times to demand the money which was lent by his wife, a dispute had arisen and the villagers had also gathered, and one Ram Singh who is also from his village had also come, and from whom the complainant Meharban Singh asked for the amount so that the same can be paid to the appellant, however, instead of giving him the money, Ram Singh took the complainant to the Indore Lokayukt Office to lodge a complaint and thus, the procedural formalities were completed in the presence of Ram Singh, in which the complainant was also given a tape recorder by the Police and he was also informed that what so ever demand the appellant makes to him, should be recorded in the said tape recorder.

7]

Shri Chhabra has submitted that according to the deposition of Meharban Singh (PW-2), the tape recorder which was given by Lokayukt Police was