MADAN MOHAN ARORA Vs. STATE

JUDGEMENT

(1.) The appellant was convicted and sentenced to undergo rigorous imprisonment for one year under section 161 Indian Penal Code and to rigorous imprisonment for one year and fine of Rs. 200.00 or in default of payment of fine to further rigorous imprisonment for two months, under section 5(2) read with section 5(l)(d) of the Prevention of Corruption Act, 1947. The substantive sentences of imprisonment were ordered to run concurrently. The judgment was passed by learned Special Judge, Delhi, on 31.3.1976.

(2.) Staling briefly, the facts are that the appellant on the relevant date i.e. 6.7.74 was serving as Sub Post Master at the Daryaganj Post Office Delhi and in his capacity as public servant he was alleged to have accepted from one Shahid Parvez, a Sub Editor of 'Rubi' magazine and 'Pakiza', a sum of Rs. 100.00 at the office of 'Rubi' magazine at 18 Ansari Road, Delhi. This was allegedly accepted by him as gratification other than the legal remuneration for acceptance of the magazines for despatch. It was further alleged that the appellant as a public servant, by corrupt and illegal means and by abusing his official position as public servant obtained from Shahid Parvez pecuniary advantage to the tune of Rs.100.00 In this way, according to the allegations the petitioner had indulged in the commission of an offence under section 161 Indian Penal Code read with section 5(l)(d) and section 5(2) of the Prevention of Corruption Act 1947.

(3.) It may be stated that on a complaint lodged by the complainant the appellant was trapped by CBI and the tainted money was allegedly recovered from his person. The trial court thus believed the prosecution evidence and passed the order of conviction and sentence.