GOVIND PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Govind Prasad (appellant), who was Patwari of Patwar Circle Khandeep, Tehsil Gangapur City District Sawai Madhopur (Rajasthan) at the relevant time, has challenged his conviction & sentence for the offence under Sec. 5(1) (d) read with Sec. 5(2) of the Prevention of Corruption Act, 1947 (for brevity, Act). He has been sentenced vide judgment dated 23.1.1988 of the Special Judge (A.C.D. cases), Jaipur, to undergo simple imprisonment for one year & pay a fine of Rs. 200.00 (in default, further S.I. for one month). Factual matrix:

(2.) A written report (Ex. P. 1) was lodged before the Deputy Superintendent of Police (Dy. S.P.), Anti-Corruption Department (A.C.D.), Sawai Madhopur by Mogriya (Pw 1) on 19.5.1984 alleging therein that in the field of his nephew Kalla situated adjacent to his field there was a Neem tree at the common boundary line of their fields and it had dried up, therefore, it was cut down by Kalla. This fact came to the notice of the appellant-Patwari during his inspection of the site and since the tree was public one, he interrogated Kalla who stated that it was cut down by Moogaria. It had also been stated in the report that the neem tree was seized by the appellant (Patwari) and entrusted it to Badri Meena but, Moogariya (PW 1) was called by the appellant who demanded a bribe of Rs. 300.00 from him for not reporting the matter to the police. A sum of Rs. 200.00 is said to have agreed to be paid by Mogriya to the appellant.

(3.) The said report (Ex. P. 1) had been presented to Ram Kishore (PW 12) who summoned two witnesses, Pradip Kumar(Pw8)& Rakesh Singh (PW 9) and they were introduced to Mogriya who produced two currency notes of the denomination of Rs. 100.00 each before Ram Kishore (PW 12) upon which he put his initials and after demonstration of the use of phenolphthalein powder, the currency notes were treated with the powder and Mogriya was instructed to deliver them to the appellant on demand. The motbir witnesses (supra) were directed to witness the transaction of money and hear the talks between Mogriya & the appellant. Ex. P. 2 memo was prepared.