NASEERUDDIN Vs. STATE OF U.P.

JUDGEMENT

(1.) -The present appeal has been directed against the judgment and order dated 3.3.1983 passed by the then Special Judge (Prevention of Corruption Act), Rampur in Special Case No. 5 of 1981 convicting the appellant Naseeruddin under Sec. 161 I.P.C. and Sec. 5(2) of the Prevention of Corruption Act and sentencing him to undergo one and a half years rigorous imprisonment on each of the two counts, the sentences to run concurrently.

(2.) The appellant Naseeruddin was working as Lekhpal in the Settlement Office of the Revenue Department at Rampur. J.P. Jain, P.W. 5 was the Survey Naib-Tahsildar, Rampur at that time. P.W. 2 Mahendra Singh the complainant of this case had certain land in village Ahmad Nagar, Jaitwara. He required circle rate of that land and because he came to know that the records of :the case, were in the Settlement Office and not in the Tahsil he went and met P.W. 5, J.P. Jain, Survey Naib-Tahildar on 25.6.1981 and requested him for issue of a certificate of circle rate in respect of the aforesaid land. He was asked by the Naib Tahsildar to move an application. The application was accordingly moved and the appellant had to make a report on the aforesaid application on the basis of which the certificate had to be issued by the Survey Naib-Tahsildar. The complainant on being asked to obtain the report from Lile appellant contacted him and was then told that he would have to spend Rs. 50.00 as illegal gratification for issue of the certificate. Some altercation is said to have taken place be,tween the complainant and the appellant and thereafter the complainant agreed to pay the same and was then asked to come on 27.6.1981.

(3.) P.W. 8 Shiv Raj Singh, Deputy Superintendent of Police, Anti Corruption Department, Moradabad was then approached by the complainant on 27.6.1981 with a letter (Ext. Ka-1) in which the entire story was written by the complainant. Shiv Raj Singh asked P.W. 1 Prithi Pal Singh, Inspector, Anti-Corruption to take necessary steps who along with Inspector O.P. Sharma, P.W. 6 took a note of Rs. 50.00 in one currency note from the complainant and treated it with phynophthelene powder with the help of constable Karan Singh and gave it to the complainant to be given to the appellant. He then washed the hands of the constable as well as the complainant with sodium carbonate Solution and found that the hands of these two persons gave red colour. The water was collected in two different Nis. The trap was then planned and the complainant was instructed to reach the Settlement Office. The Inspector along with the complainant and one Ram Singh as well as constable Karan Singh and Inspector Om Prakash and one Manohar Singh went on a Jeep from Moradabad to Rampur reaching near the Settlement Office at about 11.00 A.M. Thereafter the complainant Mahendra Singh sow straight to the office whereas the two Inspectors and Manohar Singh and Ram Singh followed at a distance and reached the office. They took positions nearby. Thereafter the complainant met the appellant, asked for the certificate and was told that it is ready but it required the signature of the Naib-Tahsildar. The appellant is said to have asked the complainant as to whether he had brought the money. The complainant then offered the money which was kept by the appellant in his pocket and then the raiding party came near him and the him and recovered the currency note from his pocket. The hand of the appellant was washed with solution of sodium carbonate and it gave red colour and the solution of sodium carbonate was kept in a separate phial and the currency note was taken and kept in a separate envelope.