ISWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal has been filed by the appellant against the judgment dated 4 -8 -78 passed by the Special Judge (Anti -Corruption Cases) Rajasthan Jaipur in Special Criminal Case No. 23/75 whereby, the accused appellant has been convicted under Section 161 I.P.C. and sentenced to undergo one year's rigorous imprisonment and a fine of Rs. 300/ - in default of payment of fine, to undergo further simple imprisonment for one month. The appellant was further convicted under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and was sentenced to under go 1 year's rigorous imprisonment and a fine of Rs. 300/ -in default of payment of fine, to undergo one month's simple imprisonment. Both the sentences were to run concurrently.

(2.) A verbal complaint was lodged on 9 -1 -1973 at 10.50 a.m. by Mohamad Umar with the Addl. Superintendent of Police, Anti -corruption Department, Rajasthan, Jaipur. The complainant in his report stated that he was a auto -rickshaw driver of auto -rickshaw No. RSL 8851. On 1 -1 -1973 at about 7.30 p.m. when complainant was coming from Moti Doongri Road towards Johari Bazar, at the crossing of Sanganeri Gate (here was green light, as such he proceeded further. However, the moment be proceeded further, the light converted into red, as such one traffic constable stopped him and a chhallan was prepared for his autorickshaw. The complainant also signed on a printed form. His driving license was also seized and a receipt of the same was given to him. It was also mentioned in the verbal report that the accused appellant told him that if an amount of Rs. 10/ - as illegal gratification was paid to the appellant, the challan will be destroyed. The complainant desired that the accused appellant should be trapped and handed, as such he approached the Addl. S.P. Anti Corruption Department, Jaipur and G.C. notes totaling to Rs. 10/ - (one G.C. note of Rs. 5/ -, and G.C. note of Rs. 2/ -and 3 G.C. notes of Re. 1/ -) were submitted to the Addl. S.P. There upon, the Addl. S.P. directed Hanuman Prasad Soni to apply phenolthelin powder on the above mentioned G.C. notes. The complainant was directed that the above notes may be handed over to the accused appellant when he demands the same from him. He was further directed that when this amount of illegal gratification is passed to the appellant, the complainant should give signal by lighting his cigarette. In this connection a Furd Supuradginama of G.C. notes (Ex. P 1) was prepared. PW 13 Khem Chand Tejwani, Addl. S.P. also get prepared a photostat copy of the receipt regarding seizure of papers from the complainant. At about 3 50 p.m. on the same day, the Addl. S.P., leader of the trap party started in a Jeep for laying trap against the accused appellant, along with PW 4 Hanuman Sahai Soni, L.D.C. PW 5 Jagdish Singh L.C. and Gopal Singh constable who has not been examined as a witness. At the time of applying phenoltbelin powder to the notes, PW 1 Raghuwar Dayal, motbir witness was present. He was directed in the morning when the FIR was lodged to come at 3.50 p.m. He also accompanied the raiding party. The party reached Sanganeri Gate, but the accused appellant was not found there. Therefore, the complainant was directed to meet the appellant in control room situated near Ajmeri Gate, Jaipur. The complainaut went into the control room and met the accused appellant. He came back at about 6.30 p.m and informed the Addl. S.P. that he had obtained his licence, but the money could not be given to the appellant, as such the trap could not be materialised on that day. Therefore, fresh trap was led on the following day i.e. 10 -1 -1973 at about 10.30 a m. along with PW 4 Hanuman Prasad Soni, PW 5 Jagdish Singh and PW 2 Surendra Kumar The jeep was kept near the State Bank of India out side Sanganeri Gate. PW 9 complainant Mohd. Umar as per directions also came at that place. The appellant was seen near a 'Thela' at Sanganeri Gate the complainant approached the accused appellant. Thereafter both of them entered in a restaurant named Brij Mishthan Bhandar. According to the prosecution story, after eating some -thing in the restaurant, currency note of Rs. 5/ - was passed on to the appellant. The accused put the note in his purse and kept the same in the pocket of his shirt. At that time, the complainant was having a small baby in his lap. When the GC note of Rs. 5/ - was passed on the appellant the complainant came out from the restaurant and gave signal by lighting cigarette, whereupon, the members of the trap party entered in the restaurant. PW 13 Khemchand Tejwani after giving his identification, enquired from the appellant regarding receipt of note from the complainant. In the begining, the appellant denied, but subsequently admitted to have received the note and the same was taken from his possession. The hands of the appellant were washed with water containing sodium carbonate, which turned to pink colour. This water was also put in the bottle and kept in possession by the police. A shirt, purse and diary along with 26 challans were also taken in possession by the prosecution. After completing investigation, a challan was filed against the accused appellant.

(3.) I have heard Mr. B.K. Pathak learned Counsel appearing on behalf of the accused appellant and Mr. Suresh Chand Sharma, learned Public Prosecutor and have also gone through the judgment, evidence and documents on the record.