JETHMAL KOTHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant, Jethmal Kothari, has filed this appeal against his conviction and sentence for the offence under S.165, I.P.C. The appellant was sentenced to pay a fine of Rs. 2,500/- in default of payment of fine, to undergo nine-months' rigorous imprisonment.

(2.) According to the prosecution, the occurrence took place on July 5, 1972; a report (Ex. P-1) was lodged at 4.15 p.m. by Yashwant Singh SHO (P.W. 1) before the Superintendent of Police, Bikaner stating inter alia that he was investigating a case No. 106/72 under Ss. 3/14 and 13/14 of the Foreigners Act at the police station Gangashahr. At about 4 p.m. the appellant who was co-accused in that case and a partner of the seized saffron worth Rs. 36,000/- came to the police station Gangashahr to plead the case of accused Vallabh Kumar for release.

(3.) It was further stated that Shiraz, a Pakistan Smuggler who had reached Bikaner was not to be arrested. The accused had given him offer of a sum of Rs. 10,000/- as bribe for hushing up the matter by the police. Yashwant Singh (P.W. 1) is alleged to have asked the appellant to approach him after one or two hours. In the meanwhile, a report to this effect was submitted to the Superintendent of Police, Bikaner. Shri Balwant Singh (P.W. 2) advised the Station House Officer to telephone him when the accused again came to offer the bribe. At about 5.30 p.m. a telephone was received from Prithvisingh that the accused had come to offer the bribe. Balwant Singh Superintendent of Police left police station at 5.30 p.m. on July 5, 1972 with Mahavir Prasad (P.W. 7) Deputy Superintendent of Police (CAD) and M.N. Dhawan (P.W. 6), Deputy Superintendent of Police City. The trap party headed by Balwant Singh S.P., and two other motbirs on the way Motilal (P.W. 4) and Manaklal (P.W. 5) reached at the police station Gangashahr at 6 p.m. and recovered Rs. 5,000/- lying in a dirty cloth bag on a table vide recovery memo, (Ex. P-2). A case was registered at the police station Gangashahr against the accused under S.165 A, I.P.C. by M.N. Dawan (P.W. 9). Heeralal (P.W.8) Dy. S.P. (ACD) had after investigation submitted charge-sheet against the appellant to stand his trial in respect of the offence under S.165-A, I.P.C.