STATE OF MADHYA PRADESH Vs. S K RASTOGI

JUDGEMENT

(1.) THE aforesaid two appeals are being decided by this common judgment as both the appeals arise out of impugned judgment dated 18th January, 1992 passed by learned 4th Additional Sessions Judge & Special Judge, Bilaspur, in Special Case No. 4/88.

(2.) CRIMINAL Appeal No. 1138/92 has been filed by the State against acquittal as one of the accused-Rastogi has been acquitted by the judgment dated 18th January, 1992.

(3.) STORY of the prosecution, as unfolded from the records and judgment of the learned trial Court is that Ajit Kumar (P.W.1) had filed a complaint in Ex. P-1 in the Vigilance Office, Bilaspur, stating that accused Rastogi demanded bribe of Rs. 1000/- and then reduced to Rs. 500/-, upon which, Rs. 300/- was given to appellant-Arjundas. Thereafter, the complainant was taken to police station and, then near a hotel, another Rs. 200/- was given to appellant-Arjundas and then he was released from the police station and Rastogi stated that complainant should bring another Rs. 200/- on 25-2-1986, otherwise, he will be arrested. It was further stated in the complaint that appellant Arjundas came to his shop on 25-2-1986 and demanded Rs. 200/- from his brother Harjit, which was informed to him when he arrived in the shop. As the complainant was not willing to pay Rs. 200/-, complaint was lodged.