DHARMRAJ Vs. STATE OF MADYA PRADESH

JUDGEMENT

(1.) - The appellant has been convicted under section 161, IPC and under section 5 (1)(d) read with section 5(2) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for one year with fine of Rs. 1,000/- or rigorous imprisonment for six months in lieu of payment of fine.

(2.) Short facts of the case are: that the appellant at the material time was posted as an Upper Division Clerk, Grade-I, in the Municipal Corporation, Ujjain and was working in the town planning branch vide order dated 4.7.81, Ex. P. 12, Issued by the Corporation Commissioner. It was his duty to process and deal with applications for sanction of building maps and plans. On 18.8.1981, complainant Ajher Ahmed approached him (the appellant) with three applications for sanction of buildingmaps of (1) Abdul Hamid Hatim, (2) Smt. Premlatabai and (3) Smt. Bhuribai. The accused- appellant demanded an illegal gratification of Rs. 5/- for each application, for processing and forwarding the same for sanction of building-map by concerned authority. The complainant Ajher Ahmed Khan and his brother, who is a licenced draughts man, were not willing to give any such bribe to the appellant. He, therefore, taking back the three applications and promising to come with required money by next day evening, made a complaint, Ex. P-2, to the Superintendent of Police (Vigilance) Indore.

(3.) On the basis of this complaint, a trap was arranged vide Panchnama, Ex. p. 3, and the trap party proceeded to Ujjain Municipal Corporation Office to trap the accused, who was caught red-handed while accepting bribe. The incriminating notes were recovered, trap Panchnama, Ex. P-4, was prepared, appellant was arrested, and on completion of investigation, was prosecuted for the above offence. The trial Court found him guilty and sentenced him, as stated above. Hence, this appeal.