BANSHI DHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the order of conviction passed by learned Special Judge (A.C.D.), Jodhpur in criminal case No. 17/79 whereby, the learned Judge has convicted the accused under section 161 I.P.C. and 5(1)(d) read with section 5(2) of the Prevention of Corruption Act.

(2.) With the assistance of the learned counsel for the accused and the learned Public Prosecutor for the State, I have scrutinised the record and re-appreciated the evidence on record.

(3.) The prosecution story as disclosed on re-appreciation is that on 13.7.1976, a complaint was filed in the Office of Deputy Superintendent of Police, Anti Corruption, Jaipur, Rural that the complainant desires to entrap a corrupt Government servant. This complaint does not mention the name of the Government servant who allegedly demanded bribe. However, immediate action on this complaint was taken up, a trap was laid and the petitioner was trapped. On the complaint of further investigation, the petitioner was prosecuted for the offence under section 5(1)(d) of the Prevention of Corruption Act and 161 of the I.P.C. The prosecution examined eight witnesses to prove its case and it was countered by the accused producing five witnesses to establish his non-involvement in the crime.