KAMAL MEENA Vs. STATE

JUDGEMENT

(1.) nstant criminal appeal has been filed by the appellant against the judgment dtd. 3/2/2020 passed by learned Special Judge, Sessions Court (Prevention of Corruption Act Cases), Udaipur, in Sessions Case No.58/2014 by which the learned Judge convicted the appellant for offence under Sec. 7 of Prevention of Corruption Act and sentenced him to undergo six months SI along with fine of Rs.5,000.00 and in default of payment of fine, to further undergo one month's simple imprisonment.

(2.) Brief facts of the case are that on 3/12/2013 complainant Nathu Lal (PW-2) filed a written report (Ex-P/1) before the Addl. SP, ACB Outpost Rajsamand alleging inter alia that when he went to the office of A.En. Railmagra for depositing the amount of demand notice issued to him for electricity connection to his agricultural land, he was asked to contact Sh. Kamal Meena, J.En Gilund. When the complainant reached out to Kamal Meena, he demanded illegal gratification of Rs.2000.003000/- for issuing electricity meter. On the basis of complaint, verification of demand was made by the ACB and thereafter, a trap was arranged.

(3.) As per prosecution, though a trap was planned but appellant became suspicious and did not accept the illegal gratification. Later on, the accused sent a message through his friends that he made a mistake and requested not to initiate any proceedings against him. However, on the basis of illegal demand, a prima facie case was found against the accused-appellant and therefore, FIR was registered against him and investigation was commended.