KISHORE SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of impugned judgment dtd. 18/3/1999, the learned Special Judge (Prevention of Corruption Act), Jodhpur (for short, hereinafter referred to as 'learned trial Court') convicted the appellant for offence under Sec. 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 in Criminal Case No. 167/1997 and sentenced him as under :- <FRM>JUDGEMENT_70_LAWS(RAJ)5_2024_1.html</FRM>

(2.) Succinctly stated, the facts apposite are that on 18/7/1995, complainant Pema Ram filed a written report before the Dy. Superintendent of Police (ACD) Pali stating therein that he had purchased 23 bighas of land from one Bhuri Bai situated in village Dhakdi by way of registered sale deed. He approached the appellant (Patwari concerned) alongwith copy of the registry for mutation entry in the revenue records. The Patwari has demanded a sum of Rs.2200.00 out of which he has already given Rs.1200.00in two parts and when the appellant approached the Patwari alongwith his brother Bhikha Ram, the appellant demanded Rs.1000.00 more. On the basis of the complaint, trap proceedings were initiated. When the trap party reached the Patwar Bhawan, they found the appellant sitting alongwith complainant and his brother Bhikha Ram. The trap money in the sum of Rs.1000.00 was lying on the carpet.

(3.) The police registered a case for offence under Ss. 7, 13(1)(d) and 13(2) of Prevention of Corruption Act and investigation commenced. Upon completion of investigation, Anti Corruption Bureau, submitted charge-sheet against accused appellant for offence under Sec. 7, 13(1)(d), 13(2) of Prevention of Corruption Act before court of Special Judge, Prevention of Corruption Act, Jodhpur where charges of the case were framed. The accused denied the charges. Upon denial to all the charges, the learned trial Court put them on trial.