LAXMIDHAR VYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed under Section 374 of the Code of Criminal Procedure by the appellant accused against the judgment dated 05.08.2006 passed by Special Judge (Anti Corruption Cases), Jodhpur in Criminal Case No. 4/2004 whereby the learned trial court convicted the accused appellant for the offences under 7 and 13 (1)(d) read with Section 13 (2) of the Prevention of Corruption Act 1988 (hereinafter referred to as 'the Act of 1988') and punished the appellant-accused for one year rigorous imprisonment alongwith fine of Rs. 500/- for Section 13 (2) and six months rigorous imprisonment alongwiht fine of Rs.500/- for offence under Section 7 of the Act of 1988 and in default of payment of fine to further undergo three month simple imprisonment.

(2.) As per brief facts of the case, a written complaint (Exhibit-P1) was submitted by complainant Ashu Ram (PW-1) before Deputy Superintendent of Police, Anti Corruption Bureau, Jodhpur wherein it was alleged that he wanted to purchase Mine No. 2210 situated in Keru Area from one Labhu Ram Meghwal and for this purpose, the complainant and one Kishore Singh (PW-16) meet the accused appellant on 12.04.2001 who gave a slip in his writing showing an expenditure of Rs. 6800/-. Out of which, Rs. 1100/- were paid and remaining Rs.5700/- were demanded for which the complainant PW-1 Ashu Ram was directed to deliver the money on 16.04.2001. As per the prosecution case, the Deputy Superintendent of Police, ACB, Jodhpur after having been satisfied with regard to demand of bribe conducted a trap on 16.04.2011 by calling witnesses Jugal Kishore and Sukh Ram. Eleven currency notes of Rs.500/- each and two notes of Rs. 1000/- each were powered with phenolphthalein. After giving all relevant instruction to the complainant, the trap party alongwith Deputy Superintendent of Police, ACB, Jodhpur reached the Mines and Geology Department on 16.04.2001 and after getting signal from the complainant PW-1 Ashu Ram, the currency notes were alleged to be recovered from the certain files lying on the office table of the accused appellant not from his physical possession. As per the prosecution case, the complainant Ashu Ram handed over the currency notes to one Hazi Khan (PW-2) who was present in the room as per instruction of appellant accused.

(3.) After completing trap proceedings, the Anti Corruption Bureau, Jodhpur registered an FIR No. 165/2001 on 18.04.2001 which is on record as Ex.P-25. The Deputy Superintendent of Police, ACB, Jodhpur prepared the whole trap proceedings upon the complaint filed by the complainant Ashu Ram (PW-1) which is on record as Exhibit P-1.