TIRATH PRAKASH DEACEASED Vs. STATE

JUDGEMENT

(1.) In a charge-sheet filed about two and a half decades ago, the appellant Tirath Prakash (since deceased) was convicted under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (for short the Act) and Section 161 of the Indian Penal Code and sentenced to undergo one year rigorous imprisonment and a fine of Rs. 2,000.00 for the offence punishable under the Act and one year rigorous imprisonment and a fine of Rs. 500.00 for the offence punishable under the Indian Penal Code. In default of payment of fine he has been sentenced to undergo six months RI. The substantive sentences are to run concurrently and the sentence in default of payment of fine is to run consecutively. The appeal is directed against this order.

(2.) During the pendency of the appeal the appellant expired on 23/05/1993 and on his window moving an application under Section 394 of the Code of Criminal Procedure, 1973 (for short the Code) vide order dated 19/11/1997, leave was granted to her to continue with the appeal.

(3.) Prosecution version in nutshell is as follows : The appellant was working as an Enquiry Clerk in the Foreign Post Office, Bahadur Shah Zafar Marg, New Delhi in the year 1973. One Ram Lubhaya, (hereinafter referred to as the complainant) a Government employee at one time, had gone to the United Stater, where he remained for about eight years. Before he left the USA for India in 1973 he sent some packets by post by sea, hoping to receive them on reaching this country. Four of these packets addressed to his wife were to be cleared in July, 1973. The complainant came to Delhi in July, 1973 to seek release of these four packets, where he came in contact with the appellant on 23/07/1973. The packets were inspected on 25/07/1973 by an Inspector of the Customs. The appellant is alleged to have indicated to the complainant that the case calls for levy of heavy customs duty but could be settled amicably on payment of Rs. 250 .00, which would include customs duty amounting to Rs. 60.00 and the rest would be on account of gratification. However, later on the demand is stated to have been reduced to Rs. 200.00. Not willing to pay the illegal gratification, the complainant contacted the Assistant Collector (Vigilance), Customs at Palam Airport and lodged a written complaint. Acting on it and after tape-recording the conversation on telephone between the appellant and the complainant, a trap was laid on 26/07/1973. As per the plan two currency notes of Rs. 100.00 each, treated with Phenolphthalein powder, were given by the complainant to the appellant, the raiding team appeared on the spot and asked the appellant to take out the notes from his pocket. The hands of the appellant were dipped in the solution of Sodium Carbonate which turned pink, indicating the presence of Phenolphthalein powder on the hands of the appellant. After investigation, charge-sheet was filed on 4/11/1976 alongwith sanction order dated 19/08/1974 issued by Shri Amrik Singh, Superintendent, Foreign Post Office, New Delhi.