PANNALAL 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 of the lower Court, dtd. 27/2/2002, passed by the learned Special Judge, Sessions Court (Prevention of Corruption Act Cases), Jodhpur convicting the appellant herein for the offences under Ss. 7, 13 (1) (d) and 13 (2) Prevention of Corruption Act, 1988 and sentencing him to 3 years R.I. along with a fine of Rs.2000.00 in default of the payment of the same he was to further undergo a sentence of 3 months S.I.

(3.) Brief facts of the case as placed before this Court are that on 27/1/1998, a written report was submitted by the complainant, Hanumana @ Hadman Ram, P.W. 11, before the D.S.P. A.C.B. Nagaur alleging that Pannalal, Junior Engineer (J.E.N.) Chitawa was demanding illegal gratification of Rs.10,000.00 for installation of 25 KV transformer at his agricultural well, and was adamant not to accept a bribe of less than Rs.8,000.00 And that, on 27/1/1998, the verification of demand of illegal gratification was stated to be made by sending the complainant, P.W. 11, and constable Roop Singh (P.W. 4) along with a tape-recorder on which date, the accused is stated to have accepted Rs.3000.00 from the complainant. And on 4/2/1998 the trap proceedings were held and the accused was allegedly caught red handed with amount of illegal gratification of Rs.5000.00 and was arrested by the concerned police authority and on the basis of such recovery, an F.I.R. was registered against the accused, bearing F.I.R. No. 12/1998 was registered at A.C.B. Jaipur (Chowki Nagaur) for the offences under Sec. 7, 13 (1) (d) and 13 (2) of Prevention of Corruption Act, 1988 and he was charge-sheeted for the said offences, and charges were framed against him for the above- mentioned offences.