MOHAN CHANDNANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated April 18. 1978 passed by the Special Judge (ACC) Rajasthan, Jaipur whereby the appellant, Mohan Chandnani had been convicted and sentenced as under: u/s 161. IPC & Section 5(1)(d)(2) of the Prevention of Corruption Act, 1947 to undergo simple imprisonment for one year for both counts, and to pay a fine of Rs. 200/- on each count, in default one month's S.I. Both the sentences were ordered to run concurrently.

(2.) Brief facts giving rise to this appeal are thus. On May 27, 1975, Panna Singh, the complainant lodged a report before the Deputy Superintendent of Police, (Anti-corruption Department Ajmer, stating therein that he was having an electric connection on his well; the electricity consumption charges demanded vide bills issued by the Rajasthan State Electricity Board were to be paid through the Urban Co-operative Bank Limited, Kesharganj, Ajmer; the bills were to be issued by the Assistant Engineer Rajasthan State Electricity Board, Kishangarh, in complainants case; the complainant received the bill for the month of March, 1975, amounting to Rs. 231.49p. which was deposited in the Bank on March 31, 1975; the bill amounting to Rs. 81. 30p, for the month of April, 1975 was deposited on April 28, 1975; thereafter, the bin of Rs. 302 54p. for the month of May, 1975, was received by him and in that bill, an amount of Rs. 286.39p. were shown as outstanding & Rs. 16.20p as charges for the current month. The informant further stated that there were no out-standings against him so, he had gone to the - Assistant, Engineer, RSEB, Kishangarh, for corrections in the bill-where the Clerk, Mohan, referred to ledger books and corrected the shown outstanding charges of Rs. 282.30p. to Rs. 13 .57p. though he protested saying that there were not outstanding charges against him but the Clerk declined.

(3.) It has been alleged in the report that on May 19, 1975, the Clerk, Mohan, came to his well and told him (informant) that he could reduce the amount of bill if he (informant) did pay half the amount of the bill. Then, the in formant alleged that be did not want to pay the bribe and wanted to get Mohan caught red handed. Upon the aforesaid report, a trap was arranged for 20th May, 1975, and after the trap, the appellant was challaned in the Court of the Special Judge (ACD), Kajasthan, Jaipur, and was charged with the offences of Section 161, Indian Penal Code, and Section 5(1)(d)(2) of the Prevention of Corruption Act, 1947. The prosecution examined as many as II witnesses in all. The appellant was examined under Section 313, Cr. P.C. who denied the charges levelled against him by the prosecution witnesses and examined five witnesses in defence.