KESHO PARSHAD Vs. STATE

JUDGEMENT

(1.) Kesho Pershad appellant appeals from his conviction under S. 5(2) read with S. 5(11 (d) of the Prevention of Corruption Act and sentence of rigorous imprisonment for one year. He has also been convicted under S. 161 of the Indian Penal Code and sentenced to the same period of imprisonment, the two sentences running concurrently.

(2.) The facts giving rise to this case are that one Mani Ram serving in the Municipal Corporation of Delhi as sweeper in the area of West Patel Nagar was immediately subordinate to Kesho Parshad, Assistant Sanitary Inspector, (accused-appellant) Mani Ram requested Kesho Parshad to accommodate the former's brother Ram Nath against a temporary vacancy. Kesho Parshad did accordingly provide a job to Ram Nath but on payment of Rs. 5 as bribe. Later he received Rs. 15 and again Rs 30 more from Mani Ram as a consideration for allowing his brother Ram Nath to continue in the employment. A few days before 10-11-1964, Ram Nath lost his job and in order to reappoint him. Kesho Parshad asked for more bribe. In order to put pressure on Mani Ram,the arrears of wages due to Ram Nath were also not paid to him. Pressed by these harassing tacties, Mani Ram lodged a report with the Deputy Superintendent of Police. Anti-Corruption on 10-11-1964. as a result whereof Sri M D. Singh, D. S. P organised a raiding party and sent Mani Ram to Kesho Parshad for payment of the illegal gratification demanded by the accused.

(3.) This evidence was believed by the learned Special Judge. Shri M. S. Joshi who tried the accused.