RAM SARAN DAS Vs. STATE OF U P

JUDGEMENT

(1.) THE appeal and revision arise out of the same judgment and order dated 21.12.1988 passed by the then Special/Sessions Judge, Naini Tal whereby the appellant was convicted under Section 161, I.P.C. and sentenced to two years rigorous imprisonment and to pay a fine of Rs. 5,000 in default of payment of fine the appellant was directed to undergo rigorous imprisonment for further period of four months. THE appellant Ram Saran Das was further convicted under Section 5(1) clause (d) read with Section 5 (2) of the Prevention of Corruption Act, and was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 7,000. l!n default of payment of fine, he was directed to undergo rigorous imprisonment for a further period of four months. THE sentences were directed to run concurrently.

(2.) THE appellant preferred this appeal against the aforesaid judgment and order on the grounds that the judgment was perverse and was against the evidence on record. On the other hand, the complainant Dr. Ajay Pal Singh filed a criminal revision referred above for enhancement of the sentence to three years R.I. and to impose a fine of Rs. 20,000 upon the appellant Ram Saran Das.

(3.) IT is further alleged that the appellant even after persuasion did not allow the plying of buses on that route, even under the orders of the Hon'ble Supreme Court unless he was paid Rs. 20,000 as illegal gratification. Dr. Ajay Pal Singh (P.W. 10) claims that after this talk, he assured the appellant that he will talk to the Bus operators and will arrange the money. IT is alleged that the bus operators were not willing to pay amount to the appellant, rather they decided to get the appellant Ram Saran Das trapped while accepting bribe.