JAGDISH SINGH MALHOTRA Vs. STATE

JUDGEMENT

(1.) S. J. Jafri, J. The instant appeal preferred by appellant Jagdish Singh Malhotra, arises out of Special Sessions Trial No. 5 of 1982 - Stale v. Jagdish Singh Malhotra in which appellant was convicted under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947 and sentenced to under go R. 1. for four years" arid also a fine of Rs. 4,000 and in default of payment of fine, he was to undergo R. 1. for one year. The appellant was further convinced under section 161, I. P. C. and sentenced to undergo two years R. 1.

(2.) TO dwell upon the preliminaries of the prosecution case Jagdish Singh Malhotra was a public servant being posted as Regional inspector (Technical) in the office of Regional Transport Officer, Kathgodown, Nainital at the relevant in the year 1981. On the other hand the complainant of the case, namely, Shyam Sunder P. W. 6 was the owner of a number of Matador Taxis-plying in the district of Nainital. At the relevant time, he was also working as Secretary of Shyam Matador Union, Kichcha, district Nainital and this Union used to lake cars of the interest of the members-plying their Matador Taxis in the same district.

(3.) THE prosecution examined nine witnesses in all in support of its case and out of them B. D. Thapalyal, P. W. I, Lakhpat Rai, P. W. 5, Shyam Sunder P. W. 6, were examined as witnesss of recovery and the remaining witnesses were of formal nature.