SANTOSH KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22-3-1983 passed by Sri. V.N. Pandey Vlth Additional Sessions Judge, Lucknow convicting and sentencing the Appellant Santosh Kumar to two years R.I. and to pay a fine of Rs. 1000/- and in default of payment of fine to six months S.I. under Section 161 IPC and to three years R.I. and to pay a fine of Rs. 1500/-and in default of payment of fine to undergo nine months S.I. under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act.

(2.) The facts of the prosecution case, briefly stated, are that the Appellant Santosh Kumar was posted as Assistant Engineer, Mechanical and Electrical, in the Electrical Division (2) PWD, Lucknow and he was incharge of the works of district Lakhimpur Kheri, Hardoi and Unnao. The complainant Sumiran Singh PW 1 had his workshop at Cinema Chauraha, Hardoi and he was given a contract to carry on the repair work of the road rollers No. 5979 in the year 1978-79 and a sum of Rs. 5910/- was payable by the Department for the two bills. Junior Engineer Surendra Tripathi and the Appellant Santosh Kumar were to pass those bills. The Junior Engineer Surendra Tripathi was demanding Rs. 500/- as illegal gratification for facilitating the payment, with the result that Sumiran Singh PW 1 got him trapped at Hardoi on 6-11-79. Surendra Tripaihi was arrested red handed and he was subsequently convicted. A few days after that Sumiran Singh PW 1 was asked by the Appellant to meet him at Lucknow for getting payment of the bills.

(3.) Sumiran Singh PW 1 met the Appellant in his office at Lucknow on 19-11-79 when the Appellant demanded a sum of Rs. 1000/- as illegal gratification for passing his bill and for expediting payments. Sumiran Singh PW 1 assured him that he would pay that amount of Rs. 1000/- on 20-11-79 and he approached the Officers of Anti-Corruption Department at Jawahar Bhawan Lucknow through the Inspector Jagdamba Prasad PW 3. As stated by them, he met them on 20-11-79 at about 10 A.M. and moved an application Ex. Ka. 1 to the D.I.G. Anti-Corruption Department who ordered the Inspector Jagdamba Prasad Misra PW 3 to organise the trap. Jagdamba Prasad PW 3 recorded the statement Ex. Ka 3 of the complainant and affixed his initials on the currency notes, treated them with phenalphthalein powder and noted down their numbers in the memo Ex. Ka 2 whereafter he returned those notes to the complainant for handing them over to the Appellant.