MANZOOR AHMAD DAR Vs. STATE

JUDGEMENT

(1.) THE appellant, Manzoor Ahmad Dar, was a Patwari attached to Halqa Nursingh Garh in the Revenue District of Srinagar. He was tried in the court of Special Judge, Srinagar for offences punishable under Sec 161 RPC and Section 5 (1) (d) read with section 5 (2) of the Prevention of Corruption Act, 2006. On consideration of the evidence the learned Special Judge found that the offences were proved against the appellant He convicted the appellant under section 161 RPC and under section 5 (1) (d) read with section 5 (2) of Prevention of Corruption Act and sentenced him to rigorous imprisonment for one year and a fine of Rs. 1,000/ - in default to further three months rigorous imprisonment for the first mentioned offence and to two years -rigorous imprisonment and a fine of Rs. 2,000/ - in default to further six months rigorous imprisonment for the last mentioned offence. The appellant has preferred this appeal and challenged the conviction as also the sentence imposed on him.

(2.) THE prosecution story goes like this : The complainant. Mohammad Ramzan Baghoo purchased a plot of land measuring 6 marlas at Ikhrajpora within the Patwar limits of Nur -singh Garh. He wanted to construct a house over this land. He approached the Municipality for grant of permission to construct the house. The Municipality desired him to produce Intikhab Girdwari and Aks Shajra. The complainant approached the appellant for issue of necessary copies. The appellant kept on dodging him on one pretext or the other for one month and finally told him to obtain necessary orders from the Tehsildar. The complainant moved an application EXPW 1/1 before the Tehsildar Srinagar on 14 -6 -76. Tehsildar passed orders on the application the very same day directing the appellant to issue the necessary copies. The complainant went immediately to the house of the appellant and showed the order to him. He was accompanied by a neighbour named Mohammad Yousuf P. W. 2. The appellant asked them to come after two days. They again went to his house after two days. At this stage the appellant told them that he would issue the necessary copies provided the complainant was willing to pay him Rs. 200/ - The complainant agreed but vide his application EXPW 1/2 immediately informed the Anti Corruption Organisation of the deal. The Anti Corruption Organisation arranged for a trap. They requisitioned the services of two gazetted officers from the Education Department namely Gh. Ali Salmani and Banerji Misri Pws 3 and 4 for this purpose. The complainant produced for inspection before the Dy. S. P. Anti Corruption, Mirza Hamid Iqbal PW 6 two currency notes of one hundred rupee each which he wanted to deliver to the appellant Mirza Hamid Iqbal prepared an inspection note EXPW 3/1 in presence of GA Salmani and Banerji Misri PW 3 & 4 and recorded therein the numbers of the currency notes. The complainant was accompanied by Mohd Yousuf Wani P W. who was waiting outside. Both of them then proceeded to deliver the money to the appellant The raiding party consisting of PWs Mirza Hamid Iqbal, GA Salmani, Banerji Misri, R L. Saraf Inspector, DN Munshi and P. L. Kaul Sub Inspectors, Anti Corruption followed them. The appellant met the complainant and his companion outside the Dy. Commissioners office. They decided to go to a nearby tea stall called Moti Mahal to effect the transaction and to have a cup of tea. There the complainant delivered the two currency notes to the appellant who accepted the same. The complainant -then made the appointed signal by rubbing his head. The raiding party appeared on the scene and asked the appellant to produce the two currency notes worth Rs. 200/ - which he had accepted as bribe. He evaded to do so. The Dy. S. P, conducted his personal search and recovered the tainted notes from the hip pocket of the appellants paint and seized the same vide EXPW 3/4. He also recovered cash amounting to Rs. 970.30 as also some papers from the personal search of the appellant and prepared the seizure memo EXPW 3/5. The appellant was taken to the Anti Corruption Police Station where his pant was seized as per seizure memo EXPW 3/6. After completing the investigation and obtaining sanction under section 6 of the Prevention of Corruption Act the accused was put on trial before the Special Judge.

(3.) THE appellant pleaded not guilty to the charge and denied having ever demanded or accented any bribe. He even denied having been approached by the complainant for the issue of the copies of Girdawari and Aks Shajra. He did not dispute the fact of search having been conducted on his person but denied that the tainted currency notes were recovered from him. He however asserted that the amount of Rs. 970.30 was voluntarily produced by him before the police. His defence was that the complainant had foists this case on him due to hostility.