CHHAGAN LAL Vs. STATE

JUDGEMENT

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

(2.) This Criminal Appeal has been preferred against the judgment, dtd. 28/5/1990, passed by the Special Judge (Anti-Corruption Cases), Udaipur in Original Case No. 11/85 titled State v. Chhagan Lal whereby Chaggan Lal was convicted for the offences under Sec. 5(1)(d) and (2) of the Prevention of Corruption Act, 1947 and Sec. 161 I.P.C., and awarded him a sentence of 1 year R.I. along with Rs.1000.00 in default of payment of which he was to further undergo 1 month S.I. for each of the offences.

(3.) Brief facts of the case as laid before this Court by the learned counsel for the appellants are that an F.I.R., at Ex. P/6, was lodged by the complainant P.W. 4 Shankerlal, to P.W. 9 S.P. Khadgawat, A.S.P., A.C.D. Udaipur on 12/3/1985 stating therein that while Chaggan Lal was engaged as a handling and transportation agent cum contractor with the Rajasthan State Warehousing Corporation Centre, Udaipur, he had submitted bills on 1/3/1985 worth Rs.30,000.00 before Chaggan Lal who was delaying the verification process and despatch of the said bills, and was demanding a sum of Rs.2000.00 as illegal gratification for the said purpose. Subsequently, a trap was laid on 12/3/1985 at about 03:00 p.m. while the appellant was in his office with his Managing Director, P.W. 14-Tara Prakash Joshi. And that, a recovery of Rs.2000.00 was made from Chaggan Lal which is alleged to have been paid outside the office by the complainant, P.W. 4.