RAM KISHAN JUNEJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAM Kishan Juneja, Assistant Registrar, Co-operative Societies, Mohindergarh, has been convicted under Sections 5 of the Prevention of Corruption Act, 1947, and 161 of the Indian Penal Code and sentenced to undergo R.I. for a period of 5 years and fine of Rs. 3,000/- or in default of payment thereof, to further undergo R.I. for six months under Section 5 of the Prevention of Corruption Act and R.I. for two months under Section 161 IPC by the learned special Judge, Narnaul, vide his order dated 11th July, 1990. Aggrieved against it, the present appeal has been preferred.

(2.) BRIEFLY , the story of the prosecution is that on 21.6.1988, when execution proceedings were pending against the Mahendergarh Pall Automobiles and Agro Implements Production Co-operative Society Ltd. Mahendergarh, Satya Pal, one of its office bearers, who was apprehending recovery and closures, approached Ram Kishan Juneja, the Assistant Registrar, Co-operative Societies, Mahendergarh, to favour him and to exempt the society from its closure. Ram Kishan Juneja demanded an illegal gratification of Rs. 500/- and unwillingly Satya Pal complainant agreed to pay. However, Satya Pal approached Shri Ram Niwas, the then Sub-Divisional Officer (Civil) Mahendergarh at about 2.00 p.m. and a trap was laid and three currency notes of Rs. 100/- each and four currency notes of Rs. 50/- each were placed in an envelope and these were handed over to Rajesh Kumar, the son of Satya Pal complainant and the aforesaid young boy handed over the envelope containing the money to Ram Kishan Juneja at the premises of M/s Bhilwara Suitings which is situated near the Bus Stand at Mahendergarh where the accused use to go often. The jeep in which the raiding party was travelling was parked at such a place from where Rajesh was visible and on receiving the signal from the aforesaid Rajesh, the complainant-party reached the aforesaid shop and the envelope in question containing the money was recovered from the right hand of the accused, when he was in the process of taking it out from his pocket with the object of hinding it. A recovery memo was prepared by a member of the staff of the SDO (Civil) on his dictation. Thereafter, the accused was taken to Police-Station Mahendergarh and he was handed over to Shri Basant Pal Head Constable. The Moharrir Head Constable prepared a separate memo Ex. PC for taking the envelope containing the currency notes in his possession and a word was also sent to the local Deputy Superintendent of the Police who also reached the Police Station and concluded the proceedings.

(3.) THE version of the accused had been that the Mahendergarh Pall Automobiles and Agro Implements Production Co-operative Society was a chronic defaulter and in reality the accused had been taking steps for recovery of the outstanding amount of Rs. 1,66,141/- which was payable by the aforesaid society on account of an award passed against it and that the complainant or his son never handed over the envelope in question to him. It has also been said that neither he made any demand of Rs. 500/- nor the money or the envelope in question was accepted by him. It was also stated by the accused that all the papers were prepared at the residence of the SDO (Civil) Mahendergarh and he was subsequently handed over to the Police.