ABDAL AHMAD Vs. STATE

JUDGEMENT

(1.) This is an application in revision against the appellate order of the Ses. J. of Mainpuri, dated 19-9-1949, by which he has maintained the conviction of the applicant under Section 5 (2), Prevention of Corruption Act, 1947 (II [2] of 1947), hereinafter referred to as 'the Act'.

(2.) The prosecution case may briefly be recapitulated thus: Applicant Abdal Ahmad wag posted as Second Officer at thana Kotwali, Mainpuri, on 4-9 1947, when a first information report was lodged there by Deoki Nandan against Nathu Ram, Babu Ram & six others, accusing them of an offence punishable under Section 504, Penal Code, alleged to have been committed at village Pindsara. Two days later, that is, on 6.9.1947, another first information report was lodged by Deoki Nandan's brother, Chet Earn Patwari, at the same police station. Ghet Bam reported that an offence of theft under Section 380, Penal Code had occurred at his residence in Mainpuri & expressed his suspicions against Baghubir Singh & the aforesaid Baba Ram. The investigation of the offence under Section 380, Penal Code, was entrusted to the applicant, who, having commenced it at Mainpuri, decided to pursue it further at Pindaara. Accordingly, he visited that village on 7.9.1947. Ha sent for Nathu Ram & Babu Ram & told them that two reports had been lodged against them & that the investigation had been entrusted to him. While returning from Pindsara to Mainpuri the applicant brought with him Nathu Ram & Babu Ram as far as village Bahraol, which lies on the way from Pindsara to Mainpuri. At Bahraol the applicant told Nathu Ram & Babu Ram that they would be put to much trouble & harassment (per bar hoge) & would not be allowed to go unless they paid him a sum of Rs. 110, Rs. 100 for himself & Rs. 10 for his sipahis. Nathu Ram & Babu Ram had some small amount with them. They borrowed Rs. 31 & thus managed to pay Rs. 50 to the applicant at Bahraol. They were released & allowed to go back home only when they had paid this amount of Rs. 50 to the applicant & had made a promise to pay the balance, namely, Rs. 60 at Mainpuri at an early date. On 10-9-1947, Nathu Bam saw the District Magistrate of Mainpuri & narrated to him what had taken place at Pindsara & Bahraol & told him that he (Nathu Bam) had brought with him currency notes for Rs. 60 for payment to the applicant & that he intended to make the payment that very day. The District Magistrate recorded the statement of Nathu Bam, noted the numbers of the currency notes which Nathu Ram proposed to hand over to the applicant & wrote out a slip to the Superintendent of Police, Mainpuri, requiring him to arrest the applicant if he accepted the notes. He deputed a First Class Mag., Shri Gyan Swarup Gupta, to witness the acceptance or the recovery of the amount, as the case may be, & sent the complainant & Shri Gupta to the Superintendent of Police with the slip. The future programme was left to be arranged by them. A party consisting of Shri Gupta, Shti Satva Narain Singh, the Deputy Superintendent of Police, Mainpuri, Nathu Ram, Babu Ram, Udaibir Singh & Puran Singh proceeded after dusk to the quarter of the applicant, which stands within the compound of the Kotwali. After having reached near the gate of the Kotwali, Shri Gupta asked Nathu Ram & Babu Ram to proceed ahead & the rest of the party waited on the street in a covered ekka. They had waited for about 15 minutes when information was brought to them by Babu Ram that Nathu Ram was handing over the money to the applicant. On receipt of this information they immediately proceeded towards the quarter of the applicant & as soon as they had crossed the purdah wall in front of the house of the applicant & could see him & Nathu Ram, the Deputy Superintendent of Police flashed his torch on the person of the applicant. In this flash of light the applicant was seen holding the currency notes in his hand & throwing them on the ground. The notes were picked up & were, on examination, found to bear the numbers noted by the District Magistrate. A recovery memo was prepared, the statements of Nathu Ram & the applicant were recorded & the notes were sealed in a packet. These were forwarded to the Collector by Shri Gupta along with a report in which he mentioned all that had happened in his presence.

(3.) After such investigation as was thought necessary, a charge sheet under Section 161, Penal Code, was submitted against the applicant by a Circle Inspector on 14-9-1947, in which he was accused of having received an illegal gratification of Rs. 50 at Bahraol on 7-9-1947, & an illegal gratification of ES. 60 at Mainpuri on 10.9.1947. Thus started the trial of the applicant in the Court of a Magistrate, who framed two charges against him, charging him alternatively with having committed offences punishable under Sections 161 & 384, Penal Code. By the time it had reached the stage when the witnesses for the prosecution were to be cross-examined under Section 256, Criminal P. C. hereinafter referred to as 'the Code,' it appears to have been realised that according to Section 6 of the Act, sanction was necessary for the prosecution of the applicant for an offence punishable under Section 161, Penal Code. It also appears to have been thought desirable to prosecute the applicant for an offence defined in Section 5 (1) (d) of the Act, for which also sanction was necessary.