LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal has been preferred by the accused-appellant against the judgment of conviction and sentence dtd. 7/2/1994 passed by the Court of learned Special Judge, Prevention of Corruption Cases, Kota (for short 'the learned Trial Court') in Misc. Criminal Case No. 3/1987, whereby, the accused appellant has been sentenced as under :--

(2.) As per the case of the prosecution, complainant Ram Kishan (PW-1) submitted a hand written report (Ex.P1) before the Addl. S.P., Anti Corruption Department, Kota (Rajasthan) to the effect that he is resident of Indra Gandhi Nagar, Kota and his agricultural land is situated in Kaithun and for obtaining electricity connection on the application the attestation of Halka Patwari is necessary. It is further mentioned that around 15 days ago when he went to Halka Patwari Patwari of Kaithoon Shri Lal Nagar for attestation of the application, he kept his application with him and told that he will attest the same lateron. He met 2-3 times Shri Lal Nagar Patwari but he did not attest the same and he tried to avoid. On 30/8/1986 (Saturday) at around 4.00 in the evening when he met with Shri Lal, Patwari and requested to attest his application in regard to the land then he made a demand ofRs. 120/- as a fee in regard to attestation. He told thatRs. 120/- is much more amount and requested to charge less amount but he (Shri Lal, Patwari) refused to charge the less amount. Thereafter, he went at his home. Complainant further mentioned in the report that yesterday i.e. on 1/9/1986 he again met with Shri Lal, Patwari at Patwar- ghar, Kaithoon and requested him to attest his application and requested him to charge less amount towards fee. Upon this Patwari told him to giveRs. 100/- towards fee and he will immediately attest the same. Complainant further mentioned in regard to the electricity connection. He submitted that he does not want to giveRs. 100/- to him as a bribe for attestation of the application and want him to be caught red handed. It has also been mentioned in the report that he has no enmity with the Patwari. After conducting the trap proceedings the accused appellant was arrested.

(3.) The police after investigation submitted charge-sheet against the accused appellant for the aforesaid offences in the concerned Court.