HARI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dtd. 4/5/1988 passed by the Court of learned Special Judge, CBI Cases, Jaipur (for short-"the learned Trial Court") in Special Criminal Case No.3/1984 whereby, the accused-appellant was convicted and sentenced as under:--

(2.) The relevant facts in brief are that the complainant Shri Gopal Krishna Bihani lodged a written report dtd. 17/11/1983 (Ex.P2) with the Director, Anti- Corruption Bureau Rajasthan, Jaipur (for short 'ACB') alleging therein that for shifting telephone of his partnership firm M/s. Rajasthan Plywood and Allied Agencies from his residence situated in Shastri Nagar, Jaipur to Janta Colony, Jaipur, the accused-Hari Singh-the Telephone Inspector, has demanded an illegal gratification of Rs.300..00 The accused was apprehended having accepted the tainted money whereafter, the ACB handed over investigation to the Central Bureau of Investigation (for short 'CBI') which, after investigation, submitted charge-sheet against him.

(3.) The accused was charged with the offence under Sec. 161 IPC and Sec. 5(1)(d) read with Sec. 5(2) of the Act of 1947. He pleaded not guilty and demanded trial. After trial, the accused has been convicted and sentenced vide judgment dtd. 4/5/1988 as stated hereinabove.