NIRMALA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the learned counsel for appellant and Sri Rajesh Mishra, learned AGA appearing for the State and perused the record of this case.

(2.) This criminal appeal has been preferred against the judgment and order dtd. 19/11/1981 passed by 11nd Additional Sessions Judge (Special Judge), Moradabad in Sessions Trial No. 460 of 1979 convicting the appellant under Sec. 161 of I.P.C. and sentencing her to one month's Rigorous Imprisonment and further convicting and sentencing her under Sec. 5(2) of the Prevention of Corruption Act to one month's Rigorous Imprisonment (under the impugned judgment and order). Both the above sentences were directed to run concurrently.

(3.) The prosecution story of this case in brief is that in the month of June 1979, the accused appellant was posted as Medical Officer in District Board's Janana Hospital in Raja-Ka-Sahaspur. It is next alleged that one Lokesh Pal Singh took his mother Smt. Shanti Devi to the said hospital and presented her before the accused appellant for treatment. It has been further alleged that the said ailing woman was medically examined by the accused appellant and after examining her, the appellant made a demand of Rs.50.00 as an illegal gratification for her treatment, at which Lokesh Pal Singh (son of the ailing woman) urged that there is no question of gratification in the Government hospitals as all the treatments there are available free of cost. Then, he was told that without charging money, the appellant never treated the patients. It was also told that even in big hospitals no treatment is done without charging the extra money. The complainant Lokesh Pal Singh was not having any money at that time. He showed his inability to fulfill the demand of the accused appellant and desired some time to arrange money to fulfill the illegal demand of the accused appellant and returned back.