J U D G M E N T

K.V. Viswanathan, J.

1. The present appeal calls in question the judgment dated 14.10.2009 passed by the High Court of Judicature at Jabalpur, Madhya Pradesh in Criminal Appeal No. 1949 of 2007. By the said judgment, the appellant’s conviction under Section 353 of the Indian Penal Code, 1860 (for short ‘the IPC’) and sentence of six months simple imprisonment and fine of Rs. 1,000/- imposed by the Signature Not Verified Special Judge, Sagar has been confirmed. Aggrieved, Digitally signed by Deepak Singh Date: 2024.08.13

13:45:08 IST Reason:

the appellant is in Appeal.

2. Originally, the appellant along with his wife Mamta stood trial. While the appellant was charged for offences under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short ‘the Act’) as well as Sections 201 and 353 of the IPC, his wife Mamta was charged under Section 353 and

201 of the IPC.

3. We are, in this appeal, concerned only with the conviction of the appellant under Section 353 of the IPC. The appellant has been acquitted of other charges and his wife Mamta has been completely acquitted including for the offence under Section 353 of the IPC. Accordingly, only those aspects of the facts which have a bearing on the present appeal are set out hereinbelow.

Brief Facts:

4. The complainant in the original corruption case is one Babulal Ahirwar (PW-1). It appears that on his complaint to the Collector about the irregularities in the work of construction of the Education Guarantee Building, the then President of the Committee constituted for the purpose of construction, Santosh Ahirwar was removed from the President’s post.

5. The appellant, who was posted as Patwari in Circle No. 89, Village Naryaoli, District Sagar had been entrusted with the inquiry into a complaint against the said Babulal Ahriwar to the effect that he had made a false complaint against Santosh Ahirwar. It transpires that the appellant, in the inquiry, found the charge against Babulal Ahirwar to be false. When Babulal Ahirwar sought a copy of the report from the appellant, the case of the prosecution is that the appellant demanded a sum of Rs. 500/- as illegal gratification.

6. The said Babulal Ahirwar, on 28.06.2004, filed a complaint with the Superintendent of Police, Special Police Establishment Lokayukt, Sagar against the appellant in this regard. An FIR was registered under Section 7 of the Act and trap proceedings were organized.

O.P. Tiwari (PW-4) and M.K. Choubey were co-opted along with the trap party which consisted of Head Constable Niranjan Singh, Constable Raj Kumar, Constable Shiv Shanker Dube and Inspector N.K. Parihar. The case set up by the prosecution was that they waited for the accused-appellant and when he arrived at his house, Babulal Ahirwar accosted him and handed over the currency to the appellant and signaled to the trap party.

The trap party arrived there to apprehend the appellant.

7. We are directly concerned with what transpired at this point since the only surviving Section under which the appellant has been convicted is Section 353 of the IPC. We will deal with this aspect in detail a little later in the judgment.

8. Special Case No. 20 of 2005 was registered against the appellant and his wife for the offences mentioned hereinabove. The appellant and his wife denied the charges and claimed trial. Prosecution examined thirteen witnesses and the defence examined three witnesses.

9. By the judgment of 05.09.2007, the learned Special Judge, Sagar while acquitting the appellant for offences under Sections 7, 13(1)(d) read with 13(2) of the Act and Section 201 of the IPC, convicted him for the offence under Section 353 of IPC and sentenced him to undergo simple imprisonment for six months. Additionally, a fine of Rs. 1000/- was imposed and the appellant’s wife was acquitted of all the charges.

10. Aggrieved, the appellant preferred an appeal to the High Court which has since been dismissed.

11. Insofar as the charge under Section