HARNAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment dated January 7, 1970 of the Delhi High Court (Himachal Bench, Shimla). The appellant Harnam Singh having died during the pendency of the appeal, this Court by an order dated February 26, 1973 allowed his widow to be substituted in his place as his legal representative.

(2.) There is nothing new in the story of bribe taking which forms the theme of this appeal, except perhaps the way the High Court heard the story and drew a moral. In September, l967 Harnam Singh was working as a Patwari in Halqa Pali. On the 19th of that month Nitya Nand asked for copies of the revenue record. Harnam Singh said that the copies will not be supplied unless a hush-payment of Rs.30/- was made. Nitya Nand borrowed Rs. 30/- from a friend Chet Ram and on the 20th he lodged his complaint with the Anti-Corruption Department. Sub-Inspector Kewal Ram obtained permission from a Mandi Magistrate to investigate the offence and laid the trap. The raiding party went to Harnam Singh's office where Nitya Nand is alleged to have given the marked currency notes of Rupees 30/- to Harnam Singh.

(3.) The Special Judge Mandi, Kulu and Lahaul Spiti Districts, rejected the defence of Harnam Singh that the sum of Rs. 30/- was not found from his person but was found from a residential room where it was planted by the complainant Nitya Nand. The learned Judge convicted Harnam Singh under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act as also under Section 161 of the Penal Code, and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs. 300. The High Court of Delhi confirmed the conviction but reduced the substantive sentence to one year.