BAIJNATH PRASAD PATEL Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 10/11/1995 passed by learned Special Judge, Rewa in Special Case No. 3/92, convicting the appellant under sections 7 and 13 (1) (d) read with section 13 (2) of the Prevention of Corruption Act, 1988 (in short 'the Act') and thereby sentencing him to suffer rigorous imprisonment of one year and six months and to pay a fine of Rs.500/-, in default of payment of fine, further RI of six months, the appellant has knocked the door of this Court by preferring this appeal under section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) In brief the case of prosecution is that on 3/11/1988 the appellant was serving on the post of Head Constable in Police Station Baikunthpur, District Rewa. A case was registered against complainant Kamalbhan Singh under sections 323, 294,341 and 506 IPC and complainant Kamalbhan Singh submitted an application for the grant of anticipatory bail which was allowed and he was directed to be enlarged on bail on his furnishing the bail bonds as directed by the Court which allowed the application.

(3.) It is said that in order to accept the papers of anticipatory bail the appellant made demand of illegal gratification of Rs.100/- from the complainant which he did not want to give, as such he submitted an application on 3/11/1988 before the Dy. Superintendent of Police, Special Police Establishment Lok Ayukta, Rewa making complaint that appellant is making demand of Rs. 100/- in order to accept the papers of anticipatory bail.