KAILASH CHAND SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) With the consent of both the sides, arguments on the appeal were heard finally.

(2.) Present criminal appeal is directed against judgment and order dtd. 29/5/2023 passed by the Court of Special Judge, Prevention of Corruption Act Cases No. 1, Jaipur Metropolitan-II (hereinafter to be referred as 'the trial court') whereby the appellants have been convicted for commission of offences punishable under Ss. 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (hereinafter to be referred as 'the Act of 1988') and Sec. 120-B of the Indian Penal Code (hereinafter to be referred as 'IPC') and sentenced as under:

(3.) Facts of the case, in brief, are that the prosecution case hinges upon the complainant's allegation of demand and acceptance of bribe of Rs.5,000.00 by the accused-appellants for deleting the name of the complainant from a criminal case registered under the Railways Act, 1989. A written complaint was submitted by the complainant, Chiranjilal before the Superintendent of Police, Anti Corruption Bureau, Chowki Sikar on 25/7/2007 alleging therein that the complainant was an LIC agent. On 22/6/2007, the complainant had gone to Jaipur to collect LIC premium. When complainant's brother, Ramniwas, after taking a ticket from the counter came outside the boundary near the Municipal Council, he was stopped by Railway Officer, R.S. Kasana and allegation of illegal reselling of railway tickets was levelled against complainant's brother and after altercations, tickets were taken away by the officer. After one day, the complainant learnt that one case has been registered against the complainant as well as his brother in RPF Police Chowki. After registration of the case, the complainant and his brother were called in RPF Police Chowki. However, instead of reporting before the police officer, they approached the Court of Additional Sessions Judge, Jaipur and succeeded in getting the order of anticipatory bail. It was further alleged that they went to RPF Police Chowki, Sikar on 12/7/2007 along with order of anticipatory bail, however, they were asked to submit the same at Police Station Reengus. Accordingly, the complainant and his brother went to Police Station Reengus on 13/7/2007 where Police Station Incharge (Appellant No.1) stated that in case, they had contacted him earlier, he would have closed the case at initial stage itself. Appellant No. 1 asked the complainant to meet Jagveer Singh Munshi (Appellant No. 2), who asked the complainant to give Rs.5,000.00 for the In-charge (Appellant No.1), so that his name would be struck off from the case and his brother would also be released after compounding of the offence on first date of hearing itself. Thereupon, the complainant informed that at that point of time, he had only Rs.2,000.00 with him which were taken by Appellant No. 2, Jagveer Singh, who asked the complainant to come with Rs.3,000.00 on 26/7/2007 and not to engage any advocate in the said case. After two days, Appellant No.2 went to complainant's shop and demanded remaining bribe amount. After narrating the facts of the case, the complainant stated in the written report that he did not want to give bribe to the appellants and wanted legal action against them.