HARI NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has filed this appeal challenging the judgment and order dtd. 28/1/1985/2/2/1985 passed by learned Special Judge, A.C.D. Cases, Jaipur in Criminal Case No. 5/1980, whereby appellant was convicted and sentenced for the offence(s) punishable under Sec. 161 IPC and Ss. 5(1)(d) read with Sec. 5(2) of the Prevention of Corruption Act, 1947 as under:--

(2.) Both the sentences were ordered to run concurrently.

(3.) As per story of the prosecution, Sultanaram resident of Dhani Rajwali Tehsil Neem Ka Thana, submitted a written report to the Dy. S.P. A.C.D. Sikar alleging that he had purchased the tractor HMT Jeeter in his father's name on 2/5/1979 and he wanted to change the registration of tractor. He submitted the documents before D.T.O. and D.T.O. wrote an order and sent to Hari Narain clerk. When he went to Hari Narain, he told him that there was no work with him to be done. The D.T.O. would do. Then again he went to Moolchand D.T.O. but Moolchand said that Hari Narain would do it. Then he again went to Hari Narain and the appellant Hari Narain told him that the complainant will have to pay Rs.150.00 (Rs.50.00 for himself, Rs.50.00 for Ashok Jain and Rs.50.00 for Moolchand D.T.O.). The complainant did not want to give the bribe. So, he complained before the ACD. After completion of trap proceedings and investigation, charge-sheet was filed against the appellant.