POORAN CHANDRA RASTOGI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a criminal appeal against the judgment and order dated 7-12-1982 passed by Sri R. K. Khanna, Special Judge, Anti-Corruption (West), U.P., Lucknow in Case No. 11 of 1974 State v. P. C. Rastogi, convicting the appellant under S. 161, I. P. C. and under S. 5(2) read with S. 5(1)(d) of Prevention of Corruption Act and sentencing him to six months' R.I. in one count and six months' R.I. with another and a fine of Rs. 500.00 under the respective counts and in default of payment of fine to a further R.I. of three months making the sentences in each count to a run concurrently and directing the sentence in default of payment of fine to run consecutively.

(2.) The case of the prosecution, in brief, is that in the year 1973 the appellant was working as Consolidation Officer, Upaira, Zila Meerut. A case pertaining to mutation in re: Jaiprakash v. Plermanand was pending in the Court of the appellant and 3/05/1973 was fixed for hearing. Jaiprakash P.W. 1 came to know that the appellant decides the cases after taking bribe, hence he became apprehensive that the case would be decided against him. On 26-4-1973 the said Jaiprakash went to Hapur and met the appellant. The appellant told him that without giving bribe to him the case would not be decided and (sic) Jaiprakash to pay him Rs. 500.00 as bribe. Jaiprakash promised to pay the said amount on 28-4-1973. Jaiprakash did not want to pay the amount hence on 26/04/1973 he left for Lucknow and on the next day he preferred an application Ex. 4 in the office of Director, vigilance alleging that the appellant was demanding bribe from him. On 27/04/1973 the authorities concerned directed Dy. S. P. Vigilance Mohar Singh P. W. 5 to lay down a trap against the appellant. On the same day P. W. 1 Jaiprakash met P. W. 5 Sri Mohar Singh who directed him to meet him next day at Meerut. On 28/04/1973 as planned out Jaiprakash P. W. 1 met P. W. 5 Sri Mohar Singh and other members of the trap party. Jaiprakash handed over to Sri Mohar Singh five currency notes of Rs. 100.00 each which were marked as Ext. 5. After obtaining the signature of City Magistrate the currency note were returned to Jaiprakash. On 28/04/1973 at about 2 p.m. P. W. 1 Jaiprakash along with the trap party reached the house of the appellant. P. W. 1 Jaiprakash entered into the house of the appellant who used to reside in the first story while the other members of the trap party stood near the stair case. The appellant P. C. Rastogi was not available at his residence and it transpired that he had gone to Delhi and would return in evening. Jaiprakash also came to know that by the night train the appellant would leave for Delhi. They waited outside the residence and about 4 p.m. Jaiprakash saw the appellant coming towards his house. Jaiprakash met the appellant on the staircase of the house. The appellant told Jaiprakash to come in the night along with Rs. 500.00 but did not accept the amount at that time as some other persons were sitting inside the house.

(3.) On 28/04/1973 at about 9.45 p.m. while Jaiprakash along with the persons of trap party were going towards the house of the appellant, they saw the appellant and his wife coming towards their house on a rickshaw. As soon as the appellant saw Jaiprakash, he inquired as to whether he had brought the money. Jaiprakash handed over to him five currency notes of Rs. 100.00 each to the appellant telling him that his work should be done. The appellant took the currency notes and kept it in the pocket of his bush shirt and told Jaiprakash that the case would be decided in his favour. The said incident was witnessed by all the members of the trap party including the witnesses and they also heard the dialogues between the appellant and Jaiprakash. Thereafter P. W. 5 Mohar Singh after introducing himself, made a search and recovered five currency notes from the pocket of his bush shirt. During search a sum of Rs. 4508.25 paise were also recovered from the pocket of the pant of the accused along with some papers and one revolver, one gun and one air gun was also recovered from his possession and a memo Ext. Ka-6 was prepared. P. W. 5 Mohar Singh immediately arrested the appellant and prepared the recovery memo of the currency notes which are Exts. 1/1 to 1/15. He took the appellant to the police station which was only three furlong away from the place and lodged an F.I.R. at about 11.30 p.m. On the same day i.e. 28-4-1973.The sanction Ext. 22 under S. 6 of the Prevention of Corruption Act, 1947 was given by the Commissioner, Consolidation, U.P. and after completing the investigation the appellant was challaned. In support of the case prosecution examined six witnesses. P. W. 1 Jaiprakash Decoy, P. W. 2 Tej Ra, P. W. 3 Om Prakash, P. W. 4 Harkhyal P. W. 5 Mohar Singh and P. W. 6 Ganesh Lal Verma were examined.