ASHARFI LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri V.K. Misra, learned counsel for the appellant and Sri Ankit Shrivastav, learned AGA for the State.

(2.) Present criminal appeal has been filed against the judgment and order dated 29.10.2009 passed by the Special Judge (Prevention of Corruption Act), Gorakhpur in Special Session Trial No. 28 of 2000 (State Vs. Asharfi Lal and 2 Ors.). The applicant has been held guilty of the offence under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Section 342 IPC. He was awarded punishment with imprisonment of five years and fine Rs. 5,000/-, for offence committed under Section 13(1)(d) of the Prevention of Corruption Act and imprisonment of one year for offence committed under Section 342 IPC. In the event of failure to pay the fine, the appellant was required to undergo further imprisonment of one year. At the stage of admission of the present appeal, the applicant had been granted bail vide order dated 12.11.2009.

(3.) Briefly, the appellant while being posted as Station House Officer (SHO), Police Station ? Devgaon, Azamgarh was accused of offence under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Section 342 IPC. According to the FIR dated 01.12.1996 lodged by one Shahjad Barsati Bhardwaj, the incident had taken place on 05.12.1995 at about 8:30 p.m. According to the informant, the appellant alongwith two constables namely Chandrabali Yadav and Yoghit Singh had illegally stopped the informant and his friend namely Jagdish Shetty who were travelling in a jeep bearing registration No. MH ? 03 ? 2609 on the allegation that the said vehicle was stolen vehicle. Though that allegation was denied on the spot by the informant who produced his own driving licence to claim that the said vehicle has been purchased by him. The appellant did not accept that explanation and illegally confined the said Shahjad Barsati Bhardwaj and Jagdish Shetty in the lockup from where they were released next day i.e. 06.12.1995 at about 11:30 a.m. after having been forced to pay bribe of Rs. 2,000/-, in cash and with a further promise to pay another Rs. 2,000/- in future.