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TMI Blog2006 (11) TMI 721X X X X Extracts X X X X X X X X Extracts X X X X ..... by Jagmohan, Mahavir etc. who belonged to the same village. A report of the said incident was made by Bithola Devi at the Police Station Malanpur. The investigation of this matter was entrusted to the respondent Shambhu Dayal, Assistant Sub-Inspector. Consequently, he went to the village Tukera at the house of complainant Badan Singh and told him that the opposite party i.e. Mahavir etc. had filed a report against them and in that connection, the rifle of the complainant and Mouser Rifle of Ram Prakash, brother of the complainant would be seized and both, the complainant and his brother would also be arrested. The respondent asked the complainant, Badan Singh, that in case Rs. 5000/- was paid to him, he would neither seize the rifles nor arrest them and rather the opposite party's persons will be arrested and sent to jail immediately. 3. On 21.8.1996, Badan Singh, the complainant told the respondent Shambhu Dayal that he would not be able to arrange Rs. 5000/- and he requested the respondent to settle the amount at Rs. 3500/-. The respondent agreed to accept Rs. 3500/- (bribe money) on the condition that the said amount had to be arranged by the same evening. The complainant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the conversation between the complainant and the respondent. Thereafter, at the abovementioned office, the solution of sodium carbonate was prepared in a clean glass through constable Aparval Singh, which was colourless and the fingers of both hands of Sub-Inspector Ram Roop Singh were washed in the said solution. Thereafter, the colour of the solution became pink. It was packed in a clean small bottle as per rules and sealed and after marking the bottle, signatures of the panchas were taken on it. It was also explained to the complainant and the witnesses that on receiving the currency notes smeared with phenolphthalein powder, this powder would be on the hands of the respondent and after washing his hands in the colourless solution of sodium carbonate, the same would change into a pink coloured solution as mentioned above. 5. In the said office, packets of two samples each of the phenolphthalein and sodium carbonates were prepared and these were kept in separate envelopes and the same were marked and sealed. Besides Surender Rai Sharma, Aditya Chobey, Manager, AKVN, Gwalior, DSP, I.B. Srivastava, Dy. Superintendent of Police and Amar Singh Bhadoriya, Kashi Ram Mijohnia, Inspec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere washed separately in the solution of sodium carbonate, in a clean glass, but its colour did not change. This solution was also packed in a clean small bottle and sealed as per rules. The panch witness Aditya Chobey took out the amount of bribe from the right side pocket of the shirt of uniform worn by the respondent and their numbers were checked and found to match with the numbers mentioned in the preliminary panchnama. These notes were seized and its seizure memo (Ex.P5) was prepared at the spot by the Inspector Surender Rai Sharma. Thereafter, the shirt of the uniform, which the respondent was wearing at that time, was removed from his body and its right side pocket was washed in the solution of sodium carbonate, after which the solution became pink. This solution was packed in a small bottle for examination and it was sealed as per rules. The above-mentioned shirt of the respondent was seized vide seizure memo (Ex.P4) by Surender Rai Sharma and the notes recovered from the pocket of the respondent were kept in an envelope through the panch witness Aditya Chobey and the envelope was also sealed as per rules. Thereafter, the fingers of Aditya Chobey were made to be washed in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nspector, PW8 K.N. Sharma, PW9 R.K. Gupta, PW10 Dalel Singh, PW11 Surender Rai Sharma and PW12 Shiv Pratap Singh, Inspector. 9. In his statement, the complainant, Badan Singh, PW1 stated that the respondent had told him that there was a complaint against him and consequently his rifle and the rifle of his brother have to be seized. The respondent told him that if he was paid Rs. 5000/-, he would neither seize the guns nor would he arrest them. Badan Singh, PW1 stated that he touched the feet of the respondent and mentioned to him that they are ready to pay Rs. 3500/-. There was a settlement at a figure of Rs. 3500/- on the condition that this amount had to be delivered to the respondent at the Vijay Misthan Bhandar on the same evening. Badan Singh, PW1 stated that he had decided to get the respondent apprehended and consequently went to the Superintendent of Police for that purpose. The complainant, Badan Singh, PW1 gave Rs. 3500/- in the office of Superintendent of Police. One police officer applied powder on the currency notes and Badan Singh, PW1 was asked not to touch the currency notes. A trap was organized to nab the respondent. The respondent came to Vijay Mishthan Bha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt of Judicature at Madhya Pradesh, Jabalpur at Gwalior Bench. 11. The High Court again re-evaluated the evidence and set-aside the judgment of the Special Court on the following grounds: (1). That the Special Court wrongly placed reliance on the testimony of Badan Singh, PW1. The High Court discarded his testimony on the ground that the upper right pocket of the shirt is not the normal place for keeping the currency notes; (2). The High Court discarded the prosecution version because according to the High Court the upper right pocket of the shirt cannot contain 35 currency notes of denomination of Rs. 100/- unless they are folded; (3). The High Court also discarded the testimony of Badan Singh, PW1 on the ground that perhaps he had forced his currency notes in the pocket of the respondent; and (4). The High Court also found substance in the argument that the traces of phenolphthalein powder can come in the hands of resisting respondent. The High Court allowed the appeal filed by the respondent and set-aside the judgment of the Special Court. The State of Madhya Pradesh being aggrieved by the said judgment has filed this appeal on the ground that the High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aced on it by the Court. The learned Counsel appearing for the respondent submitted that a lenient view may be taken because sending the respondent to jail after ten years would lead to tremendous hardship. We have carefully considered the rival contentions. The fact of recovery of Rs. 3500/- from the respondent has been fully corroborated by Badan Singh, PW1 and also by two independent witnesses, Aditya Chobey PW6 and Surender Rai Sharma PW11. 14. We do not find any merit in the submission that Badan Singh PW1 because of previous enmity had falsely implicated the respondent in the instant case. The respondent had placed no material to substantiate this argument. We also do not find any merit in the statement that the guns were not seized. According to the prosecution version, when the respondent demanded and accepted the bribe of Rs. 3500/-, there was no question of seizing the guns. On careful examination of the prosecution evidence and the documents on record, we too come to the definite conclusion that the respondent is clearly guilty of the offence and the Special Judge was fully justified in convicting the respondent under Sections 7 and 13(1)(d) read with Section 13(2) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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