RAJA RAM Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by one Raja Earn who has been convicted by a learned magistrate, 1st Class, of Etawah of an offence punishable under Section 161, I. P. C. and sentenced to pay a fine of Rs. 200 and in default to undergo three months' simple imprisonment. The conviction and sentence were upheld on appeal by the learned Sessions Judge of Mainpuri.

(2.) THE applicant was a civil Court Amin to whom a certain decree was sent for execution. The findings of fact recorded by the Courts below which have to be accepted as correct in these proceedings are that the applicant demanded illegal gratification from the 'pairokar' of the decree-holder in order to execute the decree speedily. The 'pairokar' approached the District magistrate who ordered another Magistrate to lay a trap for the applicant. A trap was laid and currency notes worth Rs. 15/- of which the numbers had previously been noted by the magistrate, were delivered to the applicant. He was caught red-handed in possession of those currency notes.

(3.) THREE points have been argued by Mr. Darbari before me. It is pointed out, in the first place, that the investigation was conducted by a police officer of Sub-Inspector's grade and that this is forbidden by the proviso to Section 3, Prevention of Corruption Act (2 of 1947 ). This proviso runs as follows: