Priyanka Chouhan D/O Umrao Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8821 MP

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           THE HIGH COURT OF MADHYA PRADESH
                    BENCH AT INDORE
             (S.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA)

                      Criminal Appeal No.5312/2021
                    (Priyanka Chouhan V/s State of M.P.)

Date: 14.12.2021:

      Shri Vinay Saraf, Senior Advocate, alongwith Shri Anuj Bhargava,
learned counsel for the appellant.
      Shri Vaibhav Jain, learned counsel for the Respondent .

Heard on the question of admission.

Record perused.

Admit.

Vide order dated 16.09.2021 ad-interim bail is granted to the appellant on account of advance stage of pregnancy. Now the bail period is going to be expired on tomorrow.

Also Heard learned counsel for the parties on I.A. No. 24802/2021 first application under Section 389(1) of the Code of Criminal Procedure for suspension of a custodial sentence of appellant.

The appellant has filed this appeal being aggrieved by the judgment dated 06.09.2021 passed by Special Judge, Prevention of Corruption Act whereby she been convicted for the offence punishable under Section 7 of Prevention of Corruption Act and Section 13(1) read with 13 (2) of Prevention of Corruption Act and sentenced to undergo 4 years R.I. 4 Years R.I. with fine of Rs.10,000/-each with default stipulation respectively .

Complainant Kamla Bai (PW-1) submitted a written complaint on 11.09.2017 to Superintendent of Police, Lokayukt alleging that she is working as Anganwadi Karyakarta at Village Kheda Narela, Anganwadi Kendra. In the month of August 2017, she did not attend her duties on account of illness and could could not submit a monthly report to the Anganwadi Supervisor i.e. present appellant. She has further alleged that appellant has called her in the office many time and threatened to initiate

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disciplinary action against her. She has demanded Rs. 20,000/- as illegal gratification in order to save from disciplinary action. Complaint was handed over to Sanjay Jain DSP for verification of the allegation made in it. Digital voice recorder was given to the complainant to record the conversion about the demand of illegal bribe. The complainant has recorded detailed conversion and handed over the recorder to DSP Sanjay Jain. After verification its contents, a transcript was prepared and thereafter this complainant called upon to arrange currency note of Rs. 10,000/- in order to arrange the trap for apprehending this appellant red handed. The complainant has arranged the currency note of different denomination, it was treated by phenolphthalein powder. Panch witnesses were called and trap team reached to the office in government vehicle . The complainant allegedly handed over the tainted money to appellant and gave single to trap team. They entered into office and recovered tainted money on the disclosure of this appellant. Hands were washed , water turned into pink, hence, FIR was registered. She was arrested and released on bail. After completion of the investigation, charge sheet was filed. Since the appellant denied all the charges, hence prosecution called upon witnesses to prove the charge.

After evaluating the evidence came on record, vide judgment dated 06.09.2021, she was convicted for the above offence.

Learned Senior counsel for the appellant submits that appellant has falsely been implicated by the complainant as she was going to take disciplinary action against her. The documents to that effect has been exhibited as D-1 to D-7. There are omissions and contradictions in the statement. The electronic evidence has not been established. No voice sample was taken. The learned court has wrongly convicted her. She is having two months baby. Hence, her remaining jail sentence may kindly be suspended.

Learned counsel for the respondent has vehemently opposed the prayer by submitting that this appellant has presurized the complainant for giving the bribe money of Rs. 20,000/-. She was threatened to her for

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taking disciplinary action. There is detailed conversion between them in which demand has been established. The trap was successfully. It is further submitted that this appellant came with the defence that the currency recovered from the lady purse which belongs to the complainant but no such suggestion was given in entire cross-examination. At the time of incident, the appellant was working as supervisor and complainant was working under her and the documents filed by the appellant clearly established that she was threatening her to take disciplinary action and therefore, demand was made. Hence, application is liable to be dismissed.

I have heard learned counsel for the parties and perused the record. The complainant has fully supported the case of prosecution. The appellant has issued various notices seeking explanation from her. Trap was successful. Hands of the appellant turned into pink.

In view of the above, at this stage no case is made out for suspension of remaining jail sentence of the appellant. Hence, I.A. No. 24802/2021.

List for final hearing.

( VIVEK RUSIA ) JUDGE praveen

PRAVEEN NAYAK 2021.12.14 18:18:16 +05'30'