RASOOL AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in the instant criminal appeal is the judgment and order dated 17.08.2013 passed by Special Judge, Prevention of Corruption Act, Lucknow, in Criminal Case No. 3 of 1993 arising out of Case Crime No. 94 of 1993, under Sections 7 and 13 of the Prevention of Corruption Act, 1988 (for short, 'the Act'), Police Station Shahabad, District Hardoi, whereby the present appellant Rasool Ahmad was convicted for the offence under Sections 7/13 of the Act and for the offence under Section 7 of the Act, the appellant was sentenced to undergo rigorous imprisonment for a period of six months and also with fine of Rs.1000/ - with default stipulation of one month's additional imprisonment. He was also convicted for the offence under Section 13 of the Act and was sentenced to undergo rigorous imprisonment for a period of one year and also with fine of Rs. 2000/ - with default stipulation of two months' additional imprisonment. Both the sentences were directed to run concurrently.

(2.) IN brief, the facts necessary for the disposal of the instant appeal are that the complainant Vedram moved an application before the Superintendent of Police, Prevention of Corruption Organization, Lucknow, alleging therein that he is a small farmer in village Virahimpur, Police Station Pali, Tehsil Sahabad, District Hardoi. He got an allotment of the land bearing no.154. The area of the allotted land was lesser than the mentioned in the document, therefore, he moved an application for its inspection and measurement before the Sub -Divisional Magistrate, Sahabad. On this application, the Sub -Divisional Magistrate, Sahabad, ordered for measurement of the said plot to Tehsildar, Sahabad. On 05.12.1992, the complainant again moved an application to this effect to the Tehsildar Sahabad on which the Bhumi Nirikshak was directed to measure the land and to handover the possession of the land to the complainant. On 05.12.1992, Bhumi Nirikshak authorized the appellant Rasool Ahmad, who was Lekhpal at the relevant time for the measurement of the allotted plot and the complainant several times met with Rasool Ahmad but he made a demand of Rs.400/ - as bribe and ultimately he agreed for an amount of Rs.300/ -. The complainant, in the presence of one Avadhesh Singh and Rampal, gave Rs.100/ - to the appellant about one and half month prior to the incident. Even thereafter he continued to his demand for remaining bribe of Rs.200/ - and declined to measure the plot unless the said amount is paid to him. The complainant was not willing to give the bribe, therefore, he reported this matter to the Superintendent of Police, Prevention of Corruption Organization, Lucknow, and thereafter, a trap was laid after completing all formalities. On 30.03.1993 near sweet shop of Jaideo Pandit situated in Tehsil Sahabad, the present appellant was arrested in trap proceedings and four treated notes of Rs.50/ - each were recovered from his possession. The post trap formalities were also completed. After the investigation of the case, the charge sheet was filed against the appellant.

(3.) THE case of the defence was of total denial. It was alleged that because of enmity with the village pradhan of village Inayatpur, Vedram in collusion with the said pradhan had initiated this false and frivolous proceedings against him.