SURESH SINGH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 16-7-1986, passed by II Additional Sessions Judge, Raebareli convicting the appellant under Section 5(2) of Prevention of Corruption Act, 1947 read with Section 161 I.P.C. and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2.000/- and in default to undergo imprisonment for a further period of one year.

(2.) Appellant was employed as a Junior Engineer under the Development Authority, Reebareli at the relevant time. The prosecution story as unfolded in evidence runs as follows.

(3.) Shri Devi Kumar Gupta, P.W. 2 has a house at Kotwali Road, Raebareli. One Smt. Pratima Kumari was a tenant therein. She is said to have raised certain unauthorised constructions and also made material alterations in the building. Shri Devi Kumar Gupta. P.W. 2, who is the complainant made a report to the Development Authority, Raebareli which was allegedly inquired into by the appellant who submitted a report against the complainant, who subsequently, met him and requested for a favourable report. The Junior Engineer who made the inquiry in the matter, demanded a sum of Rs. 500/- as illegal gratification. On 24-8-1985, the appellant went to the District Magistrate, Raebareli along with a written application (Ext. Ka 4) complaining about the illegal demand of money and praying for necessary action. The District Magistrate, Shri O.P. Arya, directed City Magistrate, Shri Jagdev Singh, P.W. 1 to record his statement and lay the trap. Pursuant to this order, Shri Jagdev Singh, City Magistrate recorded his statement (Ext. Ka 2) called two winessess, namely, Shri Ghanshyam Tripathi, P.W. 4 and Shri Krishna Murari, P.W. 3. He also called S. I. Kalloo Pandey from the police station Kotwali. In presence of these witnesses, City Magistrate, Shri Jagdev Singh, P.W. 1 asked the complainant to give the amount of money He gave him the currency notes which were five in number each in the denomination of Rs. 100/-. He signed and returned them to complainant Devi Kumar Gupta to pay those very currency notes to the Junior Engineer. Thereafter, he went to the Office of the Development Authority, Raebareli in his Jeep along with the witnesses and the S.I.