GURDAS MAL SALUJA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) DR . Gurdas Mal Saluja has preferred this appeal against the judgment dated 23rd September, 1983, passed by the Special Judge, C.B.I, Rajasthan, Jaipur, whereby he has been found guilty of offence Under Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act, 1947 for short, 'the Act' here in after) and sentenced to one year's rigorous imprisonment and a fine of Rs. 30,000/ - and in default of payment of fine to further undergo one year's simple imprisonment.

(2.) THE brief facts giving rise to this appeal are that Dr. Gurdas Mal Saluja appellant was appointed by the Western Railway on 16th May, 1261, on the post of Assistant Surgeon. He was, thereafter, promoted as Assistant Medical Officer, on 1st January, 1966. On a complaint of one Mishrilal, a railway employee alleging that the accused -appellant was demanding some illegal gratification, a trap was laid, and the appellant was trapped red -handed while accepting a bribe of Rs. 10/ - from him (complainant), on 30th April, 1973. An FIR No. 10 dated 30th April, 1973, which is Ex. P. 159 was registered Under Section 161, IPC. On that date, the appellant was found in possession of assets worth Rs. 78,639. The Railway Board was approached for according sanction to prosecute the appellant in respect of the FIR aforesaid. The Railway Board did not accord sanction. As such, the CBI did not file any charge -sheet in respect of FIR No. 10, Ex. P. 159.

(3.) ON 1st Nov., 1976, the Special Judge, CBI, Rajasthan, Jaipur framed charge against the appellant under sub -section 161, IPC; and 5(1)(d) read with Section 5(1)(e) and Section 5(2) of the Act. Against that order of framing charge, the appellant filed an application Under Section 482, Cr. PC before this Court, and this Court vide its order dated 8th December, 1978, passed the order that sanction for prosecution, was accorded only under Section 5(1)(e) read with Section 5(2) of the Act, and as such, the appellant could not be tried for offences under Section 161, IPC and under Section 5(1)(d) read with Section 5(2) of the Act. The appellant was, thereafter, tried by the Special Judge, CBI, Rajasthan, Jaipur for offence under Section 5(1)(e) read with Section 5(2) of the Act.