BANARSI DAS Vs. STATE OF U P

JUDGEMENT

(1.) O. P. Jain, J. The accused appellant has been convicted by the Special Judge, Farrukhabad under Section 161, IPC and Section 5 (2) of Prevention of Corruption Act and has been awarded one year rigorous imprisonment and a fine of Rs. 500 under the former section and has been further awarded imprisonment of one year and fine of Rs. 200 under the latter. In default of payment of fine four months' R I. has been imposed.

(2.) THE prosecution case, in brief, is that at the relevant time the accused appellant was posted as Cashier in the District Election Office, Fatehgarh and it was part of his duty to maintain the files relating to daily wage workers and temporary staff. Ram Singh PW 2 and Pati Ram were daily wage clerks in the said office and the accused demanded Rs. 50 from each of them for continuing their services. This demand was made a few days before the date of actual payment. On 30th November, 1979 Ram Singh and Pati Ram filed an application before the Vigilance Officer com plaining of the demand of money by the accused from them. THE Superin tendent of Police, who was the Incharge of Vigilance Cell, passed an order directing Sridhar Awasthi, Inspector of Police to lay a trap and to take further necessary action. Sridhar Awasthi met Ram Singh and Pati Ram and when he was satisfied about the truth of the allegations, he fixed 3rd December, 1979 as the date when the complainants were to meet him at Bus Stand, Fatehgarh at 9 a. m.

(3.) AFTER completing the necessary formalities a First Information Report was lodged by Sridhar Awasthi and the investigation was done by PW 8, Ram Keerath Singh SHO who recorded the statements of the above persons and prepared a site plan. AFTER getting sanction a charge-sheet against the accused was filed which is Annexure Ka-12.