RAMNIWAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellant against the judgment dtd. 1/12/2023 passed by learned Special Judge, Prevention of Corruption Act Cases No.1, Udaipur, in Special Sessions Case No.05/2011 (CIS No.55/2014) by which the learned Judge convicted the appellant for offence under Sec. 7 of Prevention of Corruption Act and sentenced him to undergo one year SI along with fine of Rs.10,000.00 and in default of payment of fine, to further undergo one month's simple imprisonment.

(2.) Brief facts of the case are that complainant Baleshwar lodged a report before the Additional Superintendent of Police, ACB Banswara stating inter-alia that he applied for sanction of personal loan before the Bank of Baroda, Branch Paloda, Banswara in the month of August, 2009, where Shri B.L. Meena was posted as Manager and for sanction of Rs.1.00 lac personal loan, he demanded Rs.5,000.00 as illegal gratification. The complainant also talked to the Bank clerk Ramniwas (present appellant), who also demanded the same amount. Upon this complaint, verification of demand was got done on 10/9/2009 from the appellant and on 11/9/2009 from Babu Lal Meena, co-accused. Thereafter, on 14/9/2009, a trap was arranged and the graft money of Rs.3,000.00 was recovered from the drawer of the table of coaccused B.L. Meena. The co-accused explained to the trap officers that the said amount was given by the complainant towards processnig fee. However, no recovery was made from the present appellant during the trap and he was implicated in this case on the basis of alleged demand.

(3.) After thorough investigation, challan was filed against the appellant as well as co-accused Babulal. Thereafter, the trial court framed the charges for offences under Ss. 7, 13(1)(d) R/w Sec. 13(2) of PC Act and Sec. 120B IPC. The accused persons including the appellant denied the same and claimed trial. During the course of trial, the prosecution examined as many as twelve witnesses in support of its case and also exhibited some documents. Thereafter, statements of the accused persons including the appellant were recorded under Sec. 313 Cr.P.C. In defence, no witness was examined, but certain documents were exhibited by the accused persons.