PRATHIVI RAJ PARMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal by the convict is directed against the order of conviction and sentence dated 23.11.1982 passed by Shri G. S. N. Tripathi, Special Judge (Addl. Sessions Judge), Bijnore whereby he sentenced the appellant under Sec. 161 Penal Code to undergo two years R. I. and further sentenced him under Sec. 5(2) of the Prevention of Corruption Act to undergo four years R. I. But the sentences on both the counts were made to run concurrently.

(2.) According to the prosecution case, the appellant while posted as supply Inspector at Bijnore on 11.4.1978 at about 11.20. A. M. accepted Rupees seventy five as illegal gratification from one Abdul Qayyum at his shop situate at Bukhara Road, Bijnore by abusing his position as public servant as reward for doing an official act, i. e., giving a factual report in relation to a licence to sell kerosence oil at his shop.

(3.) The trap was successfully laid b) Sri Som Dutt Tyagi, Inspector (Vigilance) Bijnore and the appellant was caught red handed by Sri Tyagi for having accepted the illegal gratification of Rupees seventy five, A written report was lodged by Sri Tyagi at police station Kotwali, Bijnore, After investigation, chargesheet way submitted against the appellant for HE prosecution. The trial was conducted by Sri G. S. N. Tripathi, the then Ist Addl. Sessions Judge Bijnore as Special Judge. The appellant denied having accepted any illegal gratification as also the recovery of the amount of Rupees seventy five from him. The learned Judge accepted the evidence of complainant Abdul Qayyum, Inspector, Som Dutt Tyagi and Rajendra Prakash, who were examined as witnesses for the prosecution, the defence version of the appellant was disbelieved by the learned Judge, who found the prosecution case proved against the appellant beyond reasonable doubt. The appellant was accordingly convicted and sentenced on the two counts as already indicated at the outset.