MAHIPAL SINGH Vs. STATE

JUDGEMENT

(1.) THE appellant Mahipal Singh was tried on the charges under Section 161,I.P.C. and Section 5 of the Prevention of Corruption Act, by the Vllth Additional Sessions Judge, Meerut in Criminal Case No. 11 of 1978. By an order dated 29.1.1980, he was held guilty on both counts and sentenced to simple imprisonment for six months and to pay a fine Rs. 1,000/- and in default to undergo further simple imprisonment for the same period. THEre is, however, no separate sentence for the two counts. Aggrieved by the conviction and sentence the appellants have approached this court.

(2.) THE facts and circumstances attempted to be shown by the prosecution were in the form that Mahipal Singh was working as village level worker in November, 1966 when four persons Devi Shanker, Ratan Lal, Mawassi and Sukkhe, residents of Village Lisari within his field working, requested him to arrange a loan for purchase of she buffalo. According to prosecution the accused appellants insisted for payment of Rs. 210/- each as illegal gratification and also represented that the Block Development Officer, Meerut, Manager, Punjab National Bank and veterinary Officer Meerut will also have a share in amount. Devi Shanker and others went away and approached the Vigilance Inspector, Sri Mansa Ram Rathi and gave him a written report. Consequently, a trap was laid after necessary formalities.

(3.) THE evidence of these persons can at best be taken to help an impression that there was some demand from the department for vasectomy cases which was also attempted by the accused, in order to keep his service and as usual the idea was not listed by the witnesses or the applicants for loan but in any event that by itself would not support an impression that they would go in for false prosecution. Needless to say that unless vasectomy is carried out, they remain unaffected and by getting the appellant prosecuted, they would not get the loan and thus remain in square one.