IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR ON THE 1^st OF JULY, 2024 CRIMINAL APPEAL No. 813 of 2007 BETWEEN:-

RAMSWAROOP SAGAR S/O HALKARAM SAGAR, AGED ABOUT 43 YEARS, OCCUPATION: SERVICE VILL.SIMTIYATAAL,TEH.DABRA,GW ALIOR (MADHYA PRADESH)

.....APPELLANT (BY SHRI ASHISH GUPTA, ADVOCATE)

AND STATE OF M.P. THRU.SPE LOK AYUKTA,INDORE (MADHYA PRADESH)

.....RESPONDENT (BY SHRI R.S. RAGHUVANSHI, ADVOCATE)

Reserved on : 09/05/2024 Pronounced on : 01/07/2024 ___________________________________________________________________________________________

This appeal coming on for admission this day, the court passed the following:

ORDER

1] This appeal has been preferred by the appellant under Section 374 of Criminal Procedure Code against the judgement dated 04/07/2007, passed by the Special Court (P.C. Act), Jhabua in Special Case No.01/2005, whereby the appellant has been convicted under Section 7 of the Prevention of Corruption Act, 1988 and sentenced to Signature Not Verified one year R.I., with fine of Rs.10,000/-.

2] The appellant has been convicted for demanding bribe from the complainant for making payment towards the scholarship to the students residing in two Hostels/Aashrams of the complainant.

3] In brief, the facts of the case are that the complainant PW/4 Bordiya Damor made a written complaint Exhibit P/1 to S.P., Lokayukt, Indore to the effect that he is a resident of village Dhamni Chamna, Jhabua and is working as a Secretary at Shivaji Aadiwasi Balak Aashram Parsingh Falia and Saraswati Aadiwasi Balak Aashram, Ratna Falia which are being run by Matasula Samudayik Aadiwasi Kalyan Kendra of District Jhabua. The aforesaid Hostels/Aashrams are getting the scholarships for the students who are residing in the hostels, and for the year 2002-2003, the amount @ Rs.100/- per student along with arrears, was to be obtained from the District Education Officer, Jhabua. Thus, to obtain the aforesaid scholarship, the complainant met with the appellant on 01/09/2003 who was posted as Block Education Officer at Jhabua in his office and requested for transfer of the amount of arrears, to which, he told the complainant that first he has to pay Rs.15,000/- towards the arrears of payment already made to him towards scholarship of the students, and only then he would be paid the difference of the scholarship, and when the complaint requested to the appellant to lower the amount, the appellant said that the amount cannot be reduced and it has to be paid to him in three instalments of Rs.5,000/- each. Thus, the complainant informed the S.P., Lokayukt that he does not wish to pay Rs.5,000/- of bribe to the appellant, and the appellant Signature Not Verified be trapped red-handed. He also stated that he has no enmity with the appellant, and also that he is not well educated, and finds it difficult to read and write, hence he has got the complaint written by his relative Yogendra Singh PW/7. Thus, a request was made to the S.P., Lokayukt, Indore to take action against the appellant.

4] Subsequently, a tape recorder was given to the complainant to get his conversation with the appellant regarding demand of bribe, be recorded. And thus, on 05/09/2003, the complainant and his friend Yogendra Singh PW/7 came back to the office of S.P., Lokayukt and after verifying that a demand has been made as per the written complaint made by the complainant, a trap was laid, and after completing all the formalities, like applying phenolphthalein powder on the notes which were given to the appellant by the complainant etc., the complainant went to the house of the appellant from Indore to Jhabua. When the complainant reached at the house of the appellant, the appellant did not come out and asked him to come to his office the other day. Thus, the trap party resided in the Dak Bangalow that night, and on the next day, in the morning when the complainant Bordiya went to the office of the appellant along with his friend Yogendra, he me