JAI NARAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant appeals from the judgment of the Allahabad High Court affirming the judgment of the Special Judge, Saharanpur. The Special Judge convicted him under S. 161 I.P.C. read with Section 5 (2) of the Prevention of Corruption tion Act and sentenced him to one year's rigorous imprisonment as well as a fine of Rs. 100/-

(2.) He was employed as a lekhpal in the Consolidation Department. In 1964 consolidation operations were initiated in village Nanka in the District of Saharanpur. A chak was allotted by the Consolidation Officer to one Kala Singh. Kala Singh complained to the consolidation authorities that his chak was less than the allotted area. One Om Prakash Kaushal, Kanungo, and the appellant measured its area. It appears that the area of the chak was found to be more than the allotted area.

(3.) The prosecution case was that the appellant demanded Rs. 20/- from Kala Singh for concealing from the Consolidation authorities the excess area in his chak. Kala Singh went to the Deputy Superintendent of Police and made a complaint to him against the appellant. A trap was laid and the appellant accepted initialled currency notes of Rs. 20/-. The Deputy Superintendent of Police recovered the said notes from the pocket of the appellant.