RAM KISHAN Vs. STATE

JUDGEMENT

(1.) This appeal has been filed under Section 161, Indian Penal Code and Section 5(2) read with Section 5(l)(d) of the Prevention of Corruption Act, 1947 against the order of learned Trial Court by which die appellant in Corruption Case No. 25 of 1977 on 9th March, 1978 was sentenced to one year R.I. under Section 5(2) read with Section 5(l)(d) of the Prevention of Corruption Act and a fine of Rs. 100.00 in default of payment of the fine, the appellant was further directed to suffer further RI. for three months and under Section 161, Indian Penal Code the appellant was sentenced to Rl 3r one year. The Trial Court also directed that the sentences of imprisonment shall un concurrently. Brief facts which are necessary for disposal of this appeal are recapitulated as under.

(2.) Ram Kishan appellant. Manual Assistant attached to Taxi Meter Unit in the Ispectorate of Weights and Measures of the Office of the Director of Industries, Khyber Pass, Delhi, was charged under Sections 161, Indian Penal Code and 5(2) read with Section (l)(d) of the Prevention of Corruption Act, 1947. As per the charges, the appellant, eing a public servant employed and posted in the aforementioned office, on 16.1976, obtained and accepted a sum of Rs. 10.00, from Public Witness 11 who was plying iree wheeler scooter, as a motive or reward for getting the meter of his scooter assed.

(3.) Kuldip Singh, complainant before Trial Court, Public Witness II, used to ply three -heeler scooter on contract basis at Rs. 20.00 per day having hired it from Public Witness 7. He sed to bring the scooter from the house of Public Witness 7 at 8:00 a.m. and return at 8:00 p.m.