ABDUL RASHID ANSARI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a criminal appeal against the judgment and order dated 23rd November, 1983 passed by the then Special Judge, Moradabad in Special Trial No. 608 of 1981 (State v. Abdul Rashid Ansari) convicting the accused-appellant under section 161 IPC and sentencing him to one year's Rigorous Imprisonment thereunder and further convicting him under section 5 (2) of the Prevention of Corruption Act and sentencing him to one year's Rigorous Imprisonment and a fine of Rs, 200/- (in default of payment of fine, further two months Rigorous Imprisonment).

(2.) THE prosecution case briefly stated is that in July, 1981 the complainant Mohammad Sharik Husain (PW 2) was a Science Teacher in Junior High School Shar Khan Sarai, district Moradabad. THEse days accused Abdul Rashid Ansari was working as Education Superintendent in Sambhal Municipal area. Mohd. Sharik Husain (PW 2 wanted his transfer from Junior High School, Sher Khan Sarai to Sambhal City area. With that end in view, Mohd. Sharik Husain (PW 2) prepared an application in triplicate. He obtained the recommendation of Sub Deputy Inspector of Schools, Shri Har Dayal Singh (PW 5) and Sari Laxman Singh Negi made endorsement on his application. His transfer could not be possible in the absence of the recommendation of the Education Superintendent. Consequently Mohd. Sharik Husain PW2 presented the aforesaid application on 24 th July, 1981 before the Education Superintendent, Abdul Rashid Ansari for his recommendation. Abdul Rashid Ansari demanded Rs. 100/ for that purpose. Mohd. Sharik Husain did not want to give the money. Consequently Abdul Rashid Ansari expressed that he would not make recommendation unless he received Rs. 100/-. THErefore, Mohd. Sharik Husain took time to make arrangement for money Mohd. Sharik Husain did not, however, like to give bribe. On the other hand he desired to get Abdul Rashid Ansari caught red handed. He did not know the office of the Vigilance Officer. Consequently he approached Ex- M. L. A. Shari Shafiqul Rehman Verk for that purpose. On 29th July, 1981 Mohd. Sharik Husain accompanying Shafiqul Rehman Reached the office of Deputy Superintendent of Police, Anti Corruption st Moradabad. Mohd. Sharik Husain gave his written application to Shri Shiv Raj Singh, Deputy Superintendent, Anti Corruption Shiv Raj Singh recorded his statement. Mohd. Sharik Husain handed hundred rupee currency note over to Shiv Raj Singh. That note was to be siren to Abdul Rashid Ansari as bribe. Shri Shiv Raj Singh get that note treated with phenelphthalein powder by his office employee (constable) Karan Singh and banded over the same to Mohd. Sharik Husain far being delivered to Abdul Rashid Ansari as bribe. Shiv Raj Singh get the hands of Mohd. Sharik Husain and constable Karan Singh washed in a solution of sodium carbonate and the wash became pink colour. He observed other necessary formalities and prepared Fard etc. in connection therewith. THEreafter Shiv Raj Singh presented an application before the District Magistrate, Moradabad, for permission to lay a trap. THE District Magistrate, Shri B. B. Sinha accorded his permission to that effect. Shiv Raj Singh taking constable Karam Singh, constable driver Khem Singh, the office peon Shafhat, Mohd. Sharik Husain and Ex. M. L. A. Shafiqui Rehman Verk, in his jeep left Moradabad at 3 P.M. for Sambhal. On reaching Sambhal, Shiv Raj Singh left the jeep at a petrol pump. Ex M. L. A. Shafiqul Rehman went away. Shiv Raj Singh at Sambhal Hospital crossing, collected witnesses Nashim Husain and Zahirul Islam and told him his purpose. He deputed Mohd. Sharik Husain and one more person to go to the office of the Education Superintendent to find out whether he was at his office. He received information that Abdul Rashid Ansari was in his office. According to the plan prepared by him, Shiv Raj Singh deputed Nashim Husain and Zahirul Islam to go to the office of Abdul Rashid Ansari in order to watch the trap and consequently they went there. Mohd. Sharik Husain also reached the office of Abdul Rashid Ansari. Shiv Raj Singh accompanied by other police officials also reached his office and took his position under the cover of a wall near a window in an attempt to see the transaction. At about 4 P.M. Mohd. Sharik Husain entered the office of Abdul Rashid Ansari. At that time Abdul Rashid Ansari was lying on his easy chair, Abdul Rashid Ansari asked Mohd. Sharik Husain to sit on a chair, which was kept quite close to his easy chair. Mohd. Sharik Husain sat down on that chair and requested Abdul Rashid Ansari to make his recommendation on his triplicate applications. THEreunder Abdul Rashid Ansari questioned Mohd. Sarik Husain whether he had arranged for money. Mohd. Sarik Husain replied to him in the affirmative. Mohd. Sarik Husain handed the currency note, Ext. II, over to Abdul Rashid Ansari. Abdul Rashid Ansari received the currency note in his right hand, placed it in his bag and made his recommendation on the triplicate applications and also put his seal beneath his recommendation. Nashim Husain and Zahirul Islam saw all this. Shiv Raj Singh also saw this transaction and on being satisfied that Abdul Rashid Ansari had accepted the bribe from Mohd. Sarik Husain, he reached near Abdul Rashid Ansari, introduced himself and questioned regarding the currency note taken by him as bribe. Abdul Rashid Ansari took out hundred rupee currency note from his bag and handed it over to Shiv Raj Singh, Shiv Raj Singh got the hand of Abdul Rashid Ansari washed in the solution of sodium carbonate and the wash became Pink colour. He observed certain other formalities and prepared Fard etc., in respect thereof. THEreafter Shiv Raj Singh took the recovered articles and Abdul Rashid Ansari in custody to police station and reached there at about 5.45 P.M. and lodged the report Ext. Ka 7, Head constable Tej Pal Singh prepared the check report and also made entry in the general diary. A case was registered against the accused. Inspector Prithvi Pal Singh conducted the Investigation into the case. He sent the contents of the hand wash to the chemical examiner, who gave his report Ext. Ka 19. After the completion of the investigation into the case, he submitted charge sheet against the accused.

(3.) HAVING heard the learned counsel for the parties and having considered the evidence on record, the learned Special Judge convicted and sentenced Abdul Rashid Ansari vide his impugned judgment and order. Aggrieved, he preferred this appeal against the same.