JAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal by Jai Singh against the judgment of the Special Judge, Ajmer, dated 18th November, 1963, convicting him of offence under section 161 Indian Penal Code, and section 5 of the Prevention of Corruption Act, 1947, and sentencing him to one and a half years' rigorous imprisonment on each count. The sentences hive been directed to run concurrently.

(2.) The material facts on which the prosecution is founded may be briefly stated as follows :

(3.) The prosecution examined eight witnesses in support of its case. The accused admitted that he was Station House Officer at Sawar. He also admitted that on 27th of December, 1961 he refused to register a case on the report of Mst. Chosar Bai against Ram Prasad and Mst. Gulab. He also admitted that later on, on receipt of a report through the Station House Officer, Kekri on the same facts, he registered a case under section 454 and 380 Indian Penal Code against Ram Prasad and Mst. Gulab. He also admitted recovery of currency notes Ex. 1 to Ex. 15 for Rs. 150/- from his possession at Kekri at Hariram's hotel on 9th January, 1962 at about 3 p.m. He, however, denied his guilt. His version was that Ram Sarup had asked him to take Rs. 150/- from him to be delivered to Mohanlal of village Sadara. He declined to do so twice. Then Ram Sarup told him to deliver the notes to his brother-in-law Ram Prasad at Sawar. He took the amount from Ram Sarup for that purpose. After he took over that amount the police party arrived on the scene and recovered the amount from him. He examined himself in defence and produced four witnesses to support his version.