HAR BHAROSEY LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal by Har Bharosey Lal against the judgment and order dated 20-2-1979 passed by the Special Judge, (II Addl. District and Sessions Judge) Budaun, convicting him under S. 161,I.P.C. and S. 5(2) read with S. 5(1)(d) of the Prevention of Corruption Act and sentencing him to one year's R.I. on each count.

(2.) The prosecution story, in brief, is as follows :- At the relevant time the appellant was working as Head Clerk in the Sales Tax Office, Budaun. The complainant Mohd. Yusuf who had purchased some machines from Punjab needed sales tax Form No. 32 for transporting the machines to the State of U.P. According to the prosecution this form is issued free of costs by the Sales Tax Department. Mohd. Yusuf approached the appellant for issue of Form No. 32. The appellant demanded Rs. 25/- as bribe for issuing the form. Ultimately the appellant agreed to issue the form on payment of Rs. 10/- as illegal gratification. Mohd. Yusuf made a complaint dated 12-8-1975, Ex. Ka-4, to the District Magistrate, Budaun, alleging that the appellant was demanding a bribe of Rs. 10/- for Form No. 32. Thereupon Sri Satya Pal Singh, Deputy Superintendent of Police was directed to lay a trap. He took a currency note of Rs. 10/- from the complainant and after signing and noting its number in the complaint of Mohd. Yusuf gave it back to him for being given to the appellant as bribe. According to the instructions of Sri Satya Pal Singh the complainant reached the Sales Tax Office at about 4.15 p.m. the same day and gave the said signed note of Rs. 10/- to the appellant and requested him to issue Form No. 32. The appellant was still not agreeable to issue the form and demanded Rs. 15/-instead of Rs. 10/-. The complainant then paid him Rs. 15/- and took Form No. 32 from the appellant. Thereupon the complainant came out of the Sales Tax Office and according to the arranged programme gave a signal of the payment of bribe towards the police party. Sri Satya Pal Singh along with the police and two public witnesses then entered the office and informing the appellant of his having accepted the bribe from Mohd Yusuf took a search. As a result of the search of the appellant's person a five rupee note and one rupee note were recovered from his pocket while one signed ten rupee note and a five rupee note were recovered from the drawer of the appellant's table. Separate recovery memos were prepared by the Station Officer, Kotwali, Budaun, at the direction of Sri Satya Pal Singh regarding the notes recovered from the pocket of the appellant, from his drawer and regarding Form No. 32 which was taken possession of from Mohd. Yusuf.

(3.) A report of the incident was lodged by Sri Satya Pal Singh, Deputy Superintendent of Police at P.S . Kotwali on 12-8-1975 at 6.40 p.m. A case under S. 161, I.P.C. and S. 5(2) of the Prevention of Corruption Act (for short the Act) was registered against the appellant.