GOKUL PRASAD UPADHYAY Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dated 28.02.2005, passed by Special Judge(under Prevention of Corruption Act, 1988), Sagar in Special Case No. 6/2002, convicting him under Section 7 of the Prevention of Corruption Act and sentencing him to RI for 1 year with fine of Rs. 500/-, in default SI for 1 month.

(2.) It is undisputed that appellant/accused was acquitted of the charge under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

(3.) In short, the prosecution case, is that on 13.06.2001, complainant Tulsiram Lodhi(PW-7) was standing at Jaisi nagar bus stand, for going to Sagar. Constable Sitaram carried him to Police Station Jaisi nagar, on the pretext that there was a warrant against him. Appellant Gokul Prasad Upadhyay(A.S.I.) when asked Sitaram(Constable) that why he brought complainant, Sitaram replied that complainant was running a gaming house. Appellant then beat him and confined him in the lock up, after snatching Rs. 500/- from his person. It is further alleged that Sitaram was released on bail but appellant(Assistant Sub Inspector) demanded further Rs. 500/- as bribe for exonerating him. He did not want to give the bribe therefore, he lodged a written report(Ex. P-6) to the SPE(Lokayukt) Sagar.