NET RAM Vs. STATE OF U. P.

JUDGEMENT

(1.) The present appeal under Sec. 374 Cr.P.C. has been filed by the appellant Net Ram against the judgment and order dtd. 5/9/1983 passed by the Special Judge (VII Additional Special Judge), Bareilly in Special Case No. 7 of 1980 (State of U.P. Vs. Net Ram) by which the accused appellant has been convicted and sentenced under Sec. 5(2) of the Prevention of Corruption Act, 1847 to one year rigorous imprisonment along with fine of Rs.100.00, in default of payment of fine to one month rigorous imprisonment, under Sec. 161 IPC to one year rigorous imprisonment, fine of Rs.100.00 and in default of payment of fine to one month rigorous imprisonment. The sentences of imprisonment have been ordered to run concurrently but the total amount of fine ordered to be paid is Rs.200.00 under both the counts and the default sentence is also ordered to run consequently.

(2.) The allegation against the appellant is that on 15/12/1978 at about 11:30 am he while being posted as a tubewell operator in the Tubewell Department, Government of Uttar Pradesh and working in Village Satuia Khas, Police Station Fatehganj West, District Bareilly accepted Rs.30.00 cash as illegal gratification from Puran Lal Yaduvanshi PW-2 (the original complainant) for not making an entry of irrigation for him in the government records.

(3.) The records of the trial court were burnt in an incident of fire in the building of the Judgeship of Bareilly in the night of 18/19/11/1979 after which a letter was written to the Deputy Superintendent of Police, Anti-Corruption, Bareilly requesting him to send a duplicate case diary. The said letter is Exb: Ka-18 to the records. A list of documents relating to the case which had been destroyed due to fire was also proved which is Exb: Ka-19 to the records. The relevant records were reconstructed on the basis of duplicate case diary maintained by Anti-Corruption Department which was proved by Badri Narayan Sharma PW-4 who is the DSP, Anti-Corruption, Bareilly. The secondary evidence was admitted due to loss of primary evidence in the said incident of fire. The factum of fire was stated by Nabi Sher Khan PW-7 the Clerk of DGC (Criminal) that the documents were kept at the place provided to the DGC (Criminal) in the building of Bareilly Judgeship.