HUKAM CHAND Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the order of Shri V.S. Aggarwal, Special Judge, Delhi, dated 18th July 1979 whereby he found the appellant, Hukam Chand, guilty under section 161 IPC and sentenced him to undergo rigorous imprisonment for two years and to payment of fine of Rs. 100/-. In default of payment of fine he was further required to undergo imprisonment for one month. The appellant was also convicted under section 5(2) read with section 5(1)(d) of the Prevention of Corruption Act and on this account also he was sentenced to undergo rigorous imprisonment for two years and the sentences were directed to run concurrently.

(2.) BRIEFLY stating the charge against the appellant is that he accepted and obtained from one Surat Singh PW1 a sum of Rs. 50/- as illegal gratification other than his legal remuneration as a reward for supplying a copy of Khasra Girdawari and also for his promise that he would rectify entry therein.

(3.) THE matter was reported to Anti-corrupt Department where after the performance of all the usual formalities a trap was arranged. Details in respect of the proceedings that took place before the Anti-corruption Department are given in the judgment of the learned trial Judge and there is no necessity for me to burden this judgment with those details. Suffice it to say that after the matter reported by Surat Singh his statement came to be recorded. The Panch witnesses, G.L. Lamba (PW 8) and P.C. Bose (PW 9) were classed and the statement was read over to Surat Singh in their presence who admitted it to be correct. Surat Singh then took out a fifty rupee note which was dusted by phenolphtheline powder and after demonstrating after-effects of the use of powder the Anti-corruption team laid a trap.