PANCHLAL Vs. STATE OF U P

JUDGEMENT

(1.) H. C. Mittal, J. Panch Lal has preferred this appeal against his convic tion and sentence under Section 161, I. P. C. and Section 5 (2) of the Prevention of Corruption Act to one year and three years R. I. respectively as well as a fine of 1000 and in default six months R. I.

(2.) THE prosecution case in brief is that the appellant Panch Lal was posted as Marketing Inspector at Jahanabad district Fatehpur and in exercise of his duties he used to check various trucks of foodgrains which used to pass. It is alleged that the complainant Ram Kishun Gupta (PW 4) used to carry food grains in his truck No. USF 5575 to Kanpur, that the appellant used to demand bribe at the rate of 50 paise for each bag of foodgrains and that on a truck about 100 bags were carried and the appellant made a demand of Rs. 50 per truck which the complainant refused to pay and thereupon the appellant had not permitted the truck No. UPG 2094 belonging to another person us be had not paid the bribe to the appellant; that the appellant hid demanded from him Rs. 800 regarding the trucks which he had earlier per mitted and Rs. 50 for 100 bags which he intended to carry to Kanpur; that the appellant had asked him to pay Rs. 850 on 17-2-1979 to be paid by the evening of 21-2-J979. THEreupon the complainant reported the matter to S. P. Vigilance through complaint (Ex. ka 1) whereon PW 1 J. Sri N. Sharma, Deputy S. P. (Vigilance) was directed by the S. P. to lay a trap. PW 1 Sri J. N. Sharma then talked to the complainant and prepared a plan according to which on 21-2-1979 he collected S. I. Ram Tirath Singh, PW 5 Sri Dhar Awasthi and police constables Rajendra Prasad Tewari and Ram Baran Singh and reached Ghatampur Chauraha. THEre along with Ram Tirath Singh and witness Maheshi Daen, the complainant went to the roam of Panch Lal appellant at about 7. 15 p. m. to offer the bribe. Deputy S. P. Sri Sharma had already noted the number of the currency notes, had applied phanolphthalein powder to them and also obtained the solution of sodium carbonate. It is alleged that in the presence of S. I. Tirath Singh, police constables and other witnesses the currency notes were offered to the appellant Panch Lil by the complainant Ram Kishun Gupta. THEreupon the appellant asked Ram Kishun to handover the money to his Chaukidar Ram Kumar Shukla who was sitting there. Ram Kumar Shukla was handed over the currency notes and imme diately thereafter on getting hint Deputy S. P. Sri Sharma entered to room and arrested the appellant and Ram Kumar Shukla and recovered currency notes from the pocket of the Pajama of Ram Kumar Shukla. THE hands of Rim Kumar Shukla and the pocket of his Pajama were dipped in the solution of the sodium carbonate which became pine in colour and it was sealed in different phials. THE currency notes were also sealed and recovery memo was also prepared by Deputy S. P. Sri Sharma. THE appellant with Ram Kumar Shukla were taken to the police station. FIR was lodged at P. S. Jahanabad at 11. 50 p. m. After investigation chargesheet was submitted and the appel lant was tried, alongwith Chaukidar Ram Kumar Shukla.

(3.) THE learned special Judge, however, believed the prosecution evidence, hence convicted and sentenced the appellant. He has, however, acquitted Chaukidar Ram Kumar Shukla on the ground that the sanction to prosecute him was not strictly in accordance with law. Hence it was not a proper sanction and that according to the prosecution evidence itself he had not demanded any bribe. THE Government has not preferred any appeal against the acquittal, of Chaukidar R, K. Shukla. On being aggrieved Panch Lal has preferred this appeal.