LAWS(SC)-1997-12-92

STATE OF UTTAR PRADESH Vs. ZAKAULLAH

Decided On December 12, 1997
STATE OF UTTAR PRADESH Appellant
V/S
ZAKAULLAH Respondents

JUDGEMENT

(1.) This is a Government appeal assailing the acquittal of a government servant from graft charge. Respondent government servant was convicted by the trial Court under Section 161 of the Indian Penal Code and also Section 5(2) of the Prevention of Corruption Act 1947 and was sentenced to substantive terms of imprisonment and fine but he was acquitted by a single judge of the Allahabad High Court when he appealed against the conviction and sentence.

(2.) Respondent was working as Revenue Inspector (Wasil Baki Nawis) in a sub-Tehsil in Nainital District. The nub of the case against him is that he received Rs. 400/- as bribe from PWS Satpal Singh for doing an official act and he was caught red-handed with the bribed amount by the anti-corruption officials. After obtaining sanction from the government, respondent was challaned. In his defence, he disputed the entire incident and contended that it was a concocted case against him.

(3.) More details about the case:A person by name Naubat was in occupation of a certain land situate in the sub-Tehsil Kaladhungi (Nainital district). Since the occupation was illegal proceedings have been afoot for evicting him. PW-5 - Satpal Singh purchased the right of Naubat and approached the respondent for regularisation of occupancy. Initially, respondent demanded a sum of Rs. 500/- by way of gratification but after some haggling the amount was settled at Rs. 400/-. However, PW 5-Satpal Singh, before handing over the money, secretly met the officials of Anti-Corruption Bureau and they arranged a trap. In accordance with their scheme, currency notes amounting to Rs. 400/- were handed over to respondent on 23-5-1981, but the bribe-taker was soon intercepted by the Anti-Corruption squad with the tainted cash. The currency notes were seized from him and phenolphthalein test conducted showed a positive result.