JAGATNARAIN TRIPATHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 15.2.1994, passed by the 2"d Additional Sessions Judge & Special Judge, Bilaspur in Special Case No.3/87, whereby, the appellant has been convicted under Section 161 of the IPC and Section 5 (1) (d) read with Section (5) (2) of the Prevention of Corruption Act, 1947 (henceforth 'the Act of 1947' and sentenced him to undergo S.I. for 1 year and to pay a fine of Rs.500, in default of payment of fine to further undergo S.I. for 2-1/2 months on each count. Both the sentences were directed to run concurrently.

(2.) The judgment of the trial Court is challenged on the ground that without, there being any proof of motive or reward of acceptance or recovery of alleged illegal gratification, the learned Special Judge has convicted the appellant under those sections.

(3.) It is not disputed that on the date of incident i.e. on 11.12.1984, the accused/appellant was posted as Sub Inspector at Belgahna Police Chowki under police station Kota, District Bilaspur.