HIFZATULAH ALIAS NASIRULLAH Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 28/2/1996 passed by learned V Additional Sessions Judge, bhopal in Special Case No. 2/88 convicting appellant under Section 161 of IPC and also under Sections 5 (1) (d) read with Section 5 (2) of Prevention of Corruption act, 1947 (in short 'the Act') and sentencing him to suffer RI of one year and fine rs. 100/- for each offence, in default, further R. I. of 30 days for each offence with a further stipulation that all the sentences shall run concurrently, the appellant has knocked the door of this court by preferring this appeal under Section 374 (2)of Code of Criminal Procedure, 1973.

(2.) IN brief, the case of prosecution is that on 22/9/1986 Kailash Singh (hereinafter referred to as 'the complainant') submitted an application before the special Police Establishment that on 19. 9. 1986 appellant in order to facilitate in obtaining the amount of Rs. 1500/- being a Bhopal gas victim, made demand of bribe of Rs. 200/ -. This fact was stated by the complainant to Prabhulal and Prahlad das. On the basis of the complaint made by the complainant a trap was arranged. On submitting one currency note of Rs. 100/- and two currency notes having denomination of Rs. 50/- each by the complainant, their numbers were noted down in the pre-trap Panchnama. These currency notes were treated by phenolphthalein powder and were kept in the pocket of the complainant.

(3.) THE trap party proceeded to the office of the appellant but by the time it could reach there, the office was already closed. On the next day, again complainant went to the office of appellant along with the members of the trap party. The complainant was sent inside the office of the appellant and it is said that the treated currency notes were handed over by the complainant to the appellant and out of these treated currency notes, one treated currency note of. Rs. 50/- was returned back by the appellant to complainant.