GIAN CHAND Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of learned Special Judge, Anti -corruption, Jammu dated February 20, 1981 convicting the accused - appellant under section 5 (2) of the Prevention of Corruption Act and 161 of Ranbir Penal Code and sentencing him to undergo rigorous imprisonment for a period of two years and fine of Rs. 500/ - and rigrious imprisonment for a period of one year and a fine of Rs, 500/ - respectively.

(2.) THE prosecution version was that land measuring 33 kanals owned by the State situate in village Sunjawan Tehsil Hiranager was in possession of Gandarb Singh complainant in the case and his brother Anchal Singh but such possession was not shown in khasra Girdawan which made the complainant to apply for such entries. Tehsildar Higanagar through Mutation attested the said land in favour of the Complainant and his brother but one Dina Nath filed appeal against the said Mutation before Deputy Commissioner Kathua who remanded the case to Tehsildar, Hiranagar for further enquiry The complainant and Munshi Ram attended the case before the Tehsildar Hiranagar for about four months but nothing happened. The appellant was working Officer Kanogo in the Office of Tehisldar Hiranagar who used to record interim orders on the case file. He demanded Rs. 150/ - from the complainant to get the case decided in favour of Munshi Ram. On May 28, 1977 the complainant went to the office of Deputy Superintendent of Police, Anti -corruption and reported the matter. The Ant. Corruption Organisation registered a case on the written report filed by the complainant. Two independent witnesses namely Pritam Dass and Harnam Singh were summoned to witness the raid arranged. Two currency rates of Rs. 50/ denominations were tainted with powder and were handed over to the complainant to be given as bribe to the appellant. Constable Chaman Lal was deputed to act as shadow witness. On that very day amount was passed to the appellant by the complainant and on signal given by Chaman Lal constable Shri A C. Gupta, Deputy Superintendent of police along with witnesses went into room and recovered the currency notes from the right pocket of the appellant. Both the hands of the appellant were washed with soda ash water and the colour of the water turned pink, the case was investigated by Jatinder Singh Inspector police and after obtaining government sanction it was produced before the said special Judge Anti corruption Jammu. The Learned Spl, Judge Anti corruption after trial of the appellant concerned and sentenced him as aforesaid.

(3.) I have heard the learned counsel for the parties and perused the record before me.