SUGAN CHAND GURJAR Vs. STATE

JUDGEMENT

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

(2.) Brief facts of the case as placed before this Court by the learned counsel for the appellant are that on 20/8/1995, Jai Singh lodged a written report before State Bureau of Investigation, Bhilwara to that effect that he had purchased a bus bearing license No. RJY-3013, which was on the route from Gangapur to Bheem on 15/8/1995, and although it was travelling on the right side, another bus, bearing license plate no. RJ-06-P0261 came from the opposite side, and that the driver was under the influence of alcohol and driving in a rash and negligent manner. Subsequently, that he lodged a case of accident at Police Station, Kareda, and that the matter was investigated by the appellant, SHO Sugan Chand, whom the complainant met and requested to get his vehicle released. And that, it is averred that he told the complainant that if he wanted to get the bus released with his help, then the complainant would have to give him an amount of Rs.2,000.00 to him of which Rs.1,000.00 was allegedly given to him pre - trap proceedings. And that when trap proceedings were conducted on 21/8/1995, and it is averred that he was caught red handed durign the same. Subsequently, after seeking permission, a challan was filed against him.

(3.) Learned counsel for the appellant further submits that on 15/9/1995, the day on which the buses met with an accident, complainant Jai Singh, and Chawand Singh seeking to repair the bus, requested the appellant-SHO for a loan of Rs.1,000.00 Furthermore, that the complainant was in fact no the registered owner of the bus, as aforementioned, as he did not have any documents to prove ownership. And that the same was mentioned in the report so lodged, which is the reason why the complainant has foisted this false case against the accused-appellant.