RAM NATH Vs. STATE

JUDGEMENT

(1.) This judgment will dispose of two criminal appeals being Cr.A.No-280 and 281 of 1979-These appeals are directed against the judgment and order of the learned Special Judge, Delhi, dated November 15,1979 whereby both the appellants were convicted under Section 161 of the Indian Penal Code and Section 5 (2) read with Section 5(l)(d) of the Prevention of Corruption Act,1947 and sentenced to undergo three years rigorous imprisonment and a fine of Rs.500.00 on each count concurrently.

(2.) Prosecution set up the following case against the appellant:

(3.) In the year 1977, both the appellants, Azad Singh and Ram Nath, were posted as Sub-Inspectors at P.S. Roshanara Road, New Delhi. On September 19,1977 Subash Chand lodged a complaint with P.S.Roshanara Road about the theft of his three wheeler scooter bearing registration No.DLR 1873. Consequently a case under Section 379 Indian Penal Code was registered vide FIR No.500 of 1977 and investigation was entrusted to the appellant Azad Singh. On September 20,1977 at about 4 P.M. Azad Singh came to the house of Subash and told him that he will let him know the whereabouts of his scooter provided he agreed to give a party to him. On his demand, Subash entertained Azad Singh with a bottle of beer. Thereafter Azad Singh accompanied by Subash went to P.S.Ashok Vihar where the scooter was kept. The scooter was then brought by the duo to P.S. Roshanara Road. Subash wanted to take possession of the scooter but was advised to seek orders from the court for release of the same. On September 21, 1977 Subash filed an application before the Metropolitan Magistrate for release of the scooter on superdari. The application of Subash was accepted and it was directed that the scooter be released to him on his furnishing a bond tor a sum of Rs.8000.00 . Subash thereafter met Azad Singh on the same day at 3.30 P.M. and gave him the release order. Azad Singh asked Subash to pay a sum of RS. 100.00 to him as a condition precedent for the release of the scooter. SI Ram Nath who was also present at that time stated that Rs 100.00 was highly inadequate and at least Rs.400.00 should be paid. Subash paid RS.100.00 to Azad Singh as demanded by the latter but the scooter was not released. Azad Singh and Ram Nath asked Subash to bring a bottle of whisky by 7 P.M., upto which time Azad Singh was to wait for him in Roshanara Police Station and in case he came after 7 P.M. the bottle was to be given to Ram Nath. Piqued by their demands Subash alongwith his brother Bimal approached Shri D,N.Vohra, DSP, PS Subzi Mandi and told him about the demand made by Azad Singh and Ram Nath, appellants. The statement of Subash EX Public Witness 1/B was recorded at the police station. Thereupon Shri Vohra contacted Shri P.R.S. Brar, Additional Superintendent of Police who also came to the PS Subzi Mandi.