STATE OF U P Vs. ISHWAR DIN

JUDGEMENT

(1.) THE present State ap peal is directed against the judgment and order dated 12-12-1980 passed by the VIth Additional Sessions Judge, Lucknow, ac quitting the respondent Ishwar Din from the charges under Section 161, I. P. C. and Section 5 (2) of the Prevention of Corrup tion Act. THE State, aggrieved by the said judgment and order filed the present ap peal.

(2.) IT is said that respondent Ishwar Din, being Lekhpal in Tnhsil Sadar, Lucknow, on 24-2-1978 at about 2. 00 accepted the illegal gratification of Rs. 50 from the complainant Chandra Kumar Shukla (P. W. 1) in front of the Kanungo Office situated in the office of Tahsil, Police Sta tion Wazirganj, Lucknow.

(3.) ON the other hand, the accused denied the prosecution case and stated that he had not received any application for submitting report as alleged by the complainant Chandra Kumar Shukla (P. W. 1 ). He also stated that the story of the prosecution about the acceptance of the illegal gratification is fictitious one and he was implicated falsely in this case. He fur ther stated that he was sitting in the Tahsil Room and was doing his work. Shri Shukla approached him and prayed for issue of a certificate but on his enquiry as to whether any application has been moved or not, he stated that he had already moved applica tion yesterday (23-2-1978 ). He further stated that Shri Shukla that he moved and application only yesterday but he needed certificate immediately and, therefore, the same be issued. As the accused refused to issue the certificate without enquiry, therefore, Shri Shukla started quarrelling with the respondent and in the meantime some Vigilance persons reached there and fabricated this case against the respon dent- accused.