LAWS(RAJ)-2022-5-328

PRAKASH MANIHAR Vs. STATE

Decided On May 25, 2022
Prakash Manihar Appellant
V/S
STATE Respondents

JUDGEMENT

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

(2.) This Criminal Appeal has been preferred against the judgment dtd. 2/12/1991 passed Special Court (Anti Corruption Cases), Bhilwara, in Case No. 4/91 (4/83) whereby the appellant was convicted under Sec. 161 I.P.C. and Sec. 5(1)(d)(2) Prevention of Corruption Act.

(3.) Brief facts of the case as placed before this Court by learned counsel for the appellant are that the appellant was an Assistant Engineer, R.S.E.B., Gangrar in the month of March, 1982, and that on 4/3/1982, one Mohan Jat appeared before the Anti Corruption Dept. Chittorgarh and complained against the appellant stating that a demand for illegal gratification, to the tune of Rs.200.00 was made from him by the appellant. And that, on the very same day, proceedings were conducted and the D.S.P. along with the complainant started for the purpose of trap, but since the appellant was unavailable on that particular day, the trap was postponed for the subsequent day, and that on 5/3/1982 again a trap was laid by the D.S.P. and the complainant, and that a recovery of the said amount was allegedly made from the appellant. And that on this basis, the accused appellant as charge sheeted and was convicted, as aforementioned.