JAGAR NATH KAUL Vs. STATE

JUDGEMENT

(1.) THIS Criminal appeal is directed against the judgement of Special Judge Anti Corruption, Srinagar dated 22. 09. 1980 whereby the conviction of the appellant/accused has been recorded for commission of the offences under section 5(2) Prevention of Corruption Act 2006 and section 161 RPC and the accused has been sentenced to undergo of one years rigorous imprisonment and a fine of Rs. 500 and in case of default in payment of fine three months further simple imprisonment in respect of each of the offences both the sentences have been ordered to run concurrently. The case of the prosecution in nutshell is that the accused was working as Establishment clerk in the office of Chief Engineer R&B. PW -1 was working as Work Supervisor in Sopore Division of R&B wherefrom his case for payment of gratuity had been prepared and sent to the office of Accountant General who had returned the same to the office of Chief Engineer for Completion. PW -1 when came to know about the same he went towards the settlement of his gratuity case the office of the Chief Engineer, and there he sought the help of the accused. The accused demanded Rs. 100/ - as illegal gratification however deal was struck at Rs. 50/ -P. W. 1 then approached Superintendent of Police gave written report and consequently FIR Ex. PW 1/1 came to be lodged with anti corruption, Srinagar. The investigation was entrusted to Makhan Lal Maskeen inspector anti -corruption, Srinagar who decided to lay a trap for catching the accused red handed. The complainant presented three currency notes of Rs. 10/ - denomination. The number of the notes were noted down in presence of the witnesses and then returned to the complainant for payment to the accused. The complainant went in advance to the accused and the raiding party followed and waited outside the office in which the accused was sitting. The complainant P. W. 1 paid the said three currency notes to the accused and gave a signal to the raiding party. The raiding party went to the accused and recovered the said currency notes from the accused. The accused was then arrested. The investigating agency completed the investigation culminating into the charge sheet which was filed in court against the accused after obtaining sanction of the Competent Authority.

(2.) ON the basis of the allegations made in the charge sheet charges for commission of the offences under section 5(2) P. C. Act and section 161 RPC were framed against the accused. For proving the charge prosecution examined P. W. 1 complainant Noor Ahmad Malik, PW 2 Abdul Malik Dar, PW -3 Triloki Nath, PW -4 Mohd. Yousaf, PW -5 Som Nath Kaul, PW -6 Mushtaq Ahmad Malik and PW -7 Raj Nath Ticku and PW -8 Makhan Lal Maskin.

(3.) THE accused in his statement under section 342 Cr. P. c. abjured his guilt by denying the acceptance of illegal gratification and recovery while admitted the fact of his posting as clerk in the office of Chief Engineer where gratuity case of complainant was pending.