JIYALAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal filed by the appellant (hereinafter referred to as "accused") under Section 374 of the Code of Criminal Procedure, 1908, assailing the judgment of conviction dated 25/11/2004 passed by the learned Additional Sessions Judge, Gondia in Special Criminal Case No. 1/2001, whereby the appellant/accused is convicted for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (In short " PC Act ") and sentenced to suffer R.I. for one year and to pay fine of Rs.1,000/- (Rs. One thousand), in default, to suffer further R.I. for 15 days.

(2.) The prosecution story in brief may be stated as under :-

(3.) It is further alleged that the accused when asked for Rs.200/- (Rs. Two hundred) for the telephone connection, the complainant handed over him the aforesaid tainted currency notes. The complainant, as per instructions, signaled the trap party. Immediately, the trap party rushed towards the accused and caught him red handed. The post trap panchanama was prepared. During the investigation, necessary sanction to prosecute the accused under the PC Act was obtained and the chargesheet came to be filed.