AMRITLAL SON Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 Cr.P.C has been preferred praying for the following reliefs:-

(2.) This Criminal Appeal has been preferred against the judgment dtd. 18/1/1990, whereby the learned Court below has convicted Dr. Soni, the accused, for the offences under Ss. 5 (1) (d) read with Sec. 5 (2) of the Prevention of Corruption Act, 1947 and Sec. 161 I.P.C., and sentenced him for 2 years along with a fine of Rs.2000.00 in default of payment of which he was to further undergo an imprisonment of 6 months, and 2 years imprisonment, respectively.

(3.) Brief facts of the case as placed before this Court by learned counsel for the appellant are that it is the version of the prosecution that while the appellant, Dr. Amritlal Soni, was posted as a Medical Officer, in the Government Hospital at Mollasar, and on 3/8/1982 he examined two girls, Geeta and Shanti to ascertain whether they had been raped, as referred to him by the S.H.O. Bardava. And that, upon examination the accused demanded a bribe of Rs.2500.00 from Ramchandra, P.W. 2 Geeta's maternal uncle, in order to produce the said medical report. And that, Ramchandra lodged a complaint with the D.S.P. A.C.D. Nagaur, Mr. Ram Gopal, who upon the receipt of the said complaint began arranging the trap proceedings. And that, on 06. 08.1982 when the accused was returning from Deedwana by Jeep, the complainant paid the amount and the Doctor was apprehended during the trap proceedings, by the concerned authorities. Subsequently, the charge-sheet against the accused was filed, and during trial, the prosecution examined 14 witnesses and 29 documents, and that the learned Court below convicted the accused for the offences under Ss. 5 (1) (d) and 5 (2) of Prevention of Corruption Act, 1947.