AVTAR KRISHAN Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal is against the convictionand sentence passed under section 5(2) read with section 5(1) (d) of Prevention of Corruption Act,

(2.) CC 6 by Special Judge, Anticorruption, Jammu vide his judgment dated 18th September, 1980. 2. To put briefly, the prosecution case is that Gernail Singh, complainant, filed a report on 29 -10 -76 EXPWf/1 before Superintendent of Police, Anti -corruption, Jammu with an allegation that Police had presented proceedings under section 107 Cr. P.C, at his instance in the Court of Tehsildar, Executive Magistrate, R.S. Pura in the first week of September, 1976. The appellant happened to be the Judicial Clerk in the court. Process though ordered to be issued, was delayed by the appellant. He approached the appellant for getting the summons issued and requested him again, but the case was left unattended to for about last two months. The appellant clerk has demanded Rs. 10/ - as bribe for issuance of summons and he was going to pay the bribe money, therefore, action under Jaw. A case got registered under the Prevention of Corruption Act, 2005 against the appellant. The Deputy Superintendent of Police arranged a trap, procured trap witnesses, powdered two currency notes of Rs, 5/ - denomination each, preferred to him by the complainant and returned to him with specific direction for signalling or payment to and acceptance by the appellant, The complainant appears to have met the appellant outside the court premises and took him inside the room, gave him the two currency notes of Rs, 5/ - who on acceptance kept the same in his pocket. The complainant gave signal to the Dy. SP and the raiding party entered the office, disclosing identity, searched the appellant and recovered the tainted money from the pant pocket of the appellant. The Dy. SP took the hand -wash of the appellant which appears to have turned pink on account of handling of the powdered currency notes by the appellant. Seizure memo was prepared on spot. The appellant was taken into custody. After completion of the investigation, the challan was presented by the Anti -Corruption Organization before the Special Judge. Anti -corruption, Jammu. The charge was framed against the appellant under section 5(2) read with 5(1) (d) of Prevention of Corruption Act for having accepted the bribe amount. The appellant pleaded not guilty. Prosecution lead evidence and on conclusion of the trial arguments were heard and appellant convicted under section 5(2) read with 5(1) (d) of the Prevention of Corruption Act, 2006 and sentenced to two years imprisonment and fine of Rs 500/ -, in default of payment of file further simple imprisonment for a period of two months. It is against this conviction and sentence the appellant has come in appeal before this court.

(3.) BEFORE entering upon the arguments of the learned counsel for the parties, I am compelled to observe the sad state of affairs through which this appeal has remained pending since September, 1980 till date and the challan, as indicated, having been presented in the year 1