RAM KISHORE SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been preferred by Ram Kishore Sharma against the judgment and order dated 27.1 0.1984, passed by Sri. L.K. Upadhyaya, the then VIIIth Additional District and Special Judge, Ghaziabad, in Special Trial No. 2 of 1984, whereby the appellant has been convicted under Sec. 5(2) of the Prevention of Corruption Act and sentenced to one years rigorous imprisonment and a fine of Rs. 100.00. In case of default in payment of fine, he has been directed to undergo further rigorous imprisonment of two months. No further punishment has been awarded under Section 5(2) read with Section 5 (1) (d) of the Prevention of Corruption Act and Section 161, I.P.C.

(2.) The prosecution case, in brief, is that one Sri Harish Chandra Gautam, an Assistant Teacher in Junior High School, Khanjarpur, District Ghaziabad, applied for a loan of Rs. 4,000.00 out of his Provident Fund. A loan of Rs. 2.000.00 was sanctioned to him and a cheque for that amount was issued by the Deputy Inspector of Schools. Ghaziabad: The cheque was to be handed over by the appellant, who was working as a Clerk in the office of the Deputy Inspector of Schools, Ghaziabad to Sri Gautam. The complainant Sri Gautam went to the appellant for collecting his cheque but he demanded Rs. 10.00 as illegal gratification for handing over the cheque to him. When Sri Gautam showed reluctance to pay the amount as demanded by the appellant, the latter did not issue the cheque on one pretext or the other though it was lying ready with him. The appellant asked the complainant to come again on 6.6.1983 and when he again went to the appellant to collect the cheque, he said that he would not be able to get it unless he paid Rs. 10.00 to him. The complainant continued to persuade the appellant to hand over the cheque till 3.00 P.M. but all in vain. Then the complainant moved an application to the District Magistrate, Ghaziabad on 6/6/1983, stating therein that the appellant was not ready to hand over the cheque to him without payment of Rs. 10.00 as illegal gratification and in similar manner he used to harass other teachers also and hence he wanted to get arrested red handed such a corrupt person. The District Magistrate, Ghaziabad directed Sri Moti Ram Sharma (P.W. 1), Inspector, Vigilance Trap, Collectorate, Ghaziabad to organise a trap. The complainant Harish Chandra again met the inspector Sri Moti Ram on 7/6/1983. The Inspector arranged the trap with the help of Sri Reoti Prasad, Vigilance Inspector, Meerut. Constable Ram Charan Sharma, Vigilance Cell Collectorate, Ghaziabad Head Constables Ramvir Sharma and Constable Beni Prasad of police outpost Shastri Nagar. Ghaziabad and Harish Chandra Gautam, the complainant, in one of the rooms of the police out-post Shastri Nagar Ghaziabad. The Constable Ramvir Sharma was asked to bring public witnesses who brought Deep Chand Sharma P.W. 3, Head Master Primary School, Gadan, and Rajpal Singh, Assistant Teacher, Primary School Sikrod, Ghaziabad to witness the trap and all of them were instructed about the trap to be followed. Inspector Mati Ram Sharma in the presence of the witnesses took a currency note of the denomination of rupee ten (bearing No. F/85 179528) from the complainant Sri Gautam, initialled the same, sprinkled phenophthlene powder thereon and handed over the note to the complainant with the direction to hand it over to the appellant when demanded. The Inspector Moti Ram prepared a memo of taking over of the currency note and handing it over to the complainant Harish Chand Gautam. This memo was also got signed by the witnesses. The plan of the raiding party was to take position at the tea stall of Raj Singh near the office of the Deputy Inspector of Schools and the complainant Sri Harish Chand Gautam was instructed to bring the appellant from his office to sit on the said tea stall and then to offer the currency note to him on demand. At about 2.10 P.M. the complainant Sri Gautam returned with the appellant and sat on a bench near the benches of The members of the raiding party at the aforesaid tea stall of Raj Singh where Harish Chand Gautam placed order for two cups of tea and biscuits. While enjoying tea and biscuits, the appellant said to Sri Gautam that it was not sufficient for the work. Sri Gautam then replied that Dakshana would be paid later on and asked the appellant to hand over the cheque to him that very day. After taking the tea etc., they went to a betal shop, belonging to Harendra Singh, near the said tea stall where the appellant took a betel. The complainant took out the said currency note of the denomination of Rs. 10 from his pocket and offered it to the appellant but as Kattha had fallen on the hand of appellant, he advanced a step forward towards the complainant and pointed out him to insert the note in his pocket. Thereupon the complainant Harish Chand Gautam inserted that note in the front pocket of the appellantTs bush shirt. The appellant asked the complainant to collect the cheque from his office and then both started towards the office. The raiding party which heard all the conversations between the complainant Harish Chand Gautam and the appellant, appended the latter, disclosed to him identity and in the presence of the witnesses recovered the said currency note of Rs. 10 from the pocket of the bush shirt of the appellant. The note so recovered from the appellant was of the denomination of Rs. 10, bearing No. F/86 179528, and contained the initial of the trap Inspector. The bush shirt of the appellant was got put off and taken into custody. The currency note alleged to have been recovered from the appellant was put in an envelope and the bush shirt was put in another piece of cloth, stitched and both were scaled on the spot. The sealed articles were also signed by the witnesses. Apart from the aforesaid articles, a key ring, a dot pen and a change of Rs. 1.05 paise were also recovered from the appellant. The right hand of the complainant Harish Chand Gautam was got washed with the solution of sodium carbonate and the hand wash was of pink colour. The used chemical was put in a bottle and wrapped with a piece of cloth stitched and scaled on the spot. A slip was also pasted which was also got signed by the witnesses. The recovery memos were also prepared and those were also got signed by the witnesses at 2.40 P.M. on 7/6/1983. One copy of the recovery memo was given to the appellant. The appellant was escorted to the police station Kavinagar, Ghaziabad, where the Inspector Sri Mati Ram Sharma lodged a First Information Report at 6.15 p.m. on 7/6/1983. The distance of the place of occurrence from the police station Kavinagar was one kilometer.

(3.) On the basis of the First Information Report a case was registered against the appellant under Section 5(2) of the Prevention of Corruption Act and Sec. 161, I.P.C. On 14.6.1983 one cheque No. BN5O 06670057, dated 4/6/1983, for Rs. 2,000.00, in the name of Harish Chand Gautam, alleged to have been issued by Sri A.P. Sharma, Deputy Inspector of Schools, and other connected papers were taken into custody by Sri Moti Ram Sharma and recovery memo was prepared, which was got signed by the witnesses. The case was investigated by Sri Lalit Mohan Bharti, the Trap Inspector. The appellant pleaded not guilty to the charge levelled against him and claimed to be tried.