GOPI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has filed this appeal challenging the judgment and order dtd. 31/3/1987 passed by learned Special Judge, A.C.D. Cases, Jaipur in Criminal Case No. 1/1985, whereby appellant was convicted 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 and sentenced as under:

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

(3.) As per story of the prosecution, on 3/2/1984 complainant Salim lodged a written report (EX.P2) with the Deputy Superintendent of Police, A.C.D., Sikar alleging therein that he was posted as a peon at Dr. Rajendra Prasad Government Ayurvedic 'A' Grade Hospital, Sikar. He was transferred to the office of Deputy Director, Ayurvedic Department at Jaipur. From this office he was transferred to the office of District Ayurvedic Officer, Sikar. His service record was received in the office of Dr. Rajendra Prasad Government Ayurvedic 'A' Grade Hospital, Sikar where the accused Gopi Chand was working as a clerk. Letters were being received in the office of the aforesaid hospital from the office of the District Ayurvedic Officer at Sikar. But the service roll of the complainant Salim was detained by the accused for non-payment of sum of Rs.30.00 which was demanded by the accused from the Salim for sending his service roll to his office. The accused suppressed the letter dtd. 7/12/1983. On 3/2/1984, the complainant again gave an application for sending his service roll to the Senior Physician of Dr. Rajendra Prasad Government 'A' Class Hospital, Sikar and that application was given to accused Gopi Chand for sending the record and when he met Gopi Chand for sending the record he told that unless Rs.30.00 are paid as bribe he would not send the record.