ABDUL HAKIM Vs. STATE

JUDGEMENT

(1.) Appellant Abdul Hakim, a police constable posted at the Civil Lines Chauki Rae Bareli, has been convicted under Section 5(a)(d) of the Prevention of Corruption Act and sentenced to one year's rigorous imprisonment by the Sessions Judge, Rae Bareli. In the alternative he was found guilty under Section 384 I. p. Code, but no sentence has been awarded to him under this section.

(2.) The prosecution story is that P.W. 1 Lala tthosi, the complainant in this case, resided to Mohalla Chhota Ghosiana which is about a mile from the city and lies within the police circle Chauki. It is alleged that about 3 or 4 days after the Diwali day in October, 1954, Lala was irrigating his field in his village Malikmau. which is also within Civil Lines Chauki. The appellant along with another constable known as Pandit came to him and asked him to accompany them as the Kotwal wanted him & was present near the railway crossing. The complainant went with the two constables asked Allahdin. also to accompany them as he too was wanted by the Kotwal. Allahdin did not agree to accompany them, but the two constables compelled Allahdin to come with them and as the way passed through the village of complainant, three other Gho is went with the party so that the complainant may not be beaten. Further on, this party met Akbar and Moti Ghosis and they also joined this group and all of them together went to the Kotwali.

(3.) When the Ghosis were brought before the Kotwal, the appellant told the Kotwal they were caught gambling in a field, upon which the Ghosis were searched and only a few annas were recovered from their personal search. The Kotwal thereupon asked the Ghosis to speak the truth and the Ghosis offered to abide by the oath of the appellant on the Quran. They were kept at the Kotwali for some time and meanwhile Sri Debi Charan Pande (P. W. 3). who is the President of the City Congress Committee and is also known as Sadhu, came to intervene on their behalf. Sri Pande was approached by some other Ghosis, who had informed him that Lala has been arrested on a false accusation. Apart from Sri Debi Charan Pande, one Ram Kirpal, who is the owner of a sweets shop and was a customer of the complainant, also came to the Kotwali, when he came to know about the arrest of the complainant. As a result of this intercession the Ghosis were released. The complainant then came back at about 6 P. M. to his home.