BHAGWAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By filing instant criminal appeal under Sec. 374 (2) CrPC, the accused appellant has challenged the judgment of conviction and sentence dtd. 4/1/2016 passed by the Court of learned Special Judge, Special Court of ACD Cases, Alwar (for short 'the learned trial court') in Sessions Case No.33/2015(12/10,101/13), State Vs. Bhagwan Singh, whereby the learned trial court convicted him for the offences punishable under Sec. 7 & 13(2) read with Sec. 13(1) (d) of the Prevention of Corruption Act, 1988 (For short 'the Act of 1988') and sentenced to undergo four years rigorous imprisonment and also a fine of Rs.10,000.00 and in default of payment of fine to further under three months imprisonment.

(2.) The facts of the case in nutshell are that one Najir S/o Kabira (PW4), Age 50 years R/o Village Baghore P.S. Tijara District Alwar gave a parcha bayan (Ex.P1) on 9/4/2009 at 11:15 AM in the ACB Chowki, Alwar and stated that one Imrat who is resident of Village Dorakhi, Tehsil Ferozepur Jhirka District Nuh is 'Samdhi' of his elder brother Aasin, so, he shares the same relation with him. His above named relative has been confined in the P.S. Malakhera for last five days. Imrat came to purchase milch cow, who was apprehended by the policemen of Malakhera without any offence for last five days. He has not been produced in any court so far. He was carrying sufficient amount, but exact detail can be told by Imrat himself. When his brother Sahabudin went to Police Station to get him release, the SHO also asked him to sit in the police station. After confining Sahabudin in Police Station for 4-5 hours, he was threatened to spend some money otherwise he would be lodged in lock up. Shahbudin was beaten. Thereafter, a tout of policemen named Deenu, R/o Salarpur contracted a deal with Sahabudin in three thousands to get the later release from the police and Rs.3000.00 were paid to one Yadav SHO. Mr. Yadav SHO told to Shahbudin that if he wants to get release Imrat then it would be done in Rs.35,000.00 otherwise Imrat would be booked in a false cow slaughter case. Today, this entire story was narrated to him by Sahabudin. On the same day he went to meet Brijender Yadav, SHO, who asked him to meet Deenu Meo for the release of Imrat. He could not find Deenu Meo. Shahbdin told that Deenu Meo, is also demanding Rs.35,000.00 for release of Imrat. Now, the complainant has come with Sahabudin. SHO, P.S. Malakhera, Brijender Yadav has confined his relative Imrat for last five days without showing arrest and brother of Imrat named Shahbdin went to get him release and she was also beaten and forced to sit there and released him after taking three thousand through tout Deenu. Now, Brijender Yadav, SHO is demanding Rs.35,000.00 to release Imrat through Deenu Meo otherwise threatening to book Imrat in a false case. Deenu Meo works as police tout. He and Shahbdin do not want to give bribe.

(3.) The police after investigation submitted chargesheet against the accused appellant for the aforementioned offences in the Court concerned.