ISHWAR 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 bas been convicted under section 161 IPC and sentenced to undergo one years 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 4(2) of the Prevention of Corruption Act and was sentenced to undergo one years rigorous imprisonment and a fine of Rs. 300/-, in default of payment of fine, to undergo one months 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 Mohamed Umar with the AddI. 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 8.1.1973 at about 7.30 P.M. when the complainant was coming from Moti Doongari Road towards Johari Bazar, at the crossing of Sanganeri gate there was green light, as such he proceeded further. However, the moment he proceeded further, the light converted into red, as such one traffic constable stopped hi m and a challan was prepared for his auto-rickshaw. The complainant also signed on a printed form. His driving hence 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 red banded, as such he approached the AddI. 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 Rs. 1/-) were submitted to the AddI. S.P. Thereupon, the AddI. S.P. directed Hanuman Prasad Soni to apply phenolphthalein 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 Supur dainama of G.C. notes (Ex. P. 1) was prepared. P.W.13 Khem Chand Tejwani, AddI. S.P. also got 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 AddI. S.P., leader of the trap party started in a Jeep for laying trap against the accused appellant, along with PW 4 Hanuman Sabai Soni, L.D.C. P.W. 5 Jagdish Singh L.C. and Gopal Singh constable who has not been examined as a witness. At the time of applying phenolphthalein powder to the notes, P.W. 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 complainant went into the control room and met the accused appellant. He came back at about 6.30 P.M. and informed the AddI. 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, lresh trap was led on the following day i.e. 10.1.1973 at about 10.30 A.M. along with P.W. 4 Hanuman Prasad Soni, P.W. 5 Jagdish Singh and P.W. 2 Surendra Kumar. The jeep was kept near the State Bank of India outside Sanganeri gate. P.W. 9 complainant Mohd. Umar as per directions also came at that place. The appellant was seen near a Thela at Sanganeri gate and the complainant approached the accused appellant. Thereafter both of them entered in a restaurant named Brij Misthan Bhandar. According to the prosecution story, after eating something 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 G.C. note of Rs. 5/- was passed on to 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. P.W. 13 Khemchand Tejwani after giving his identification, enquired from the appellant regarding receipt of note from the complainant. In the beginning, 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.) During trial, the prosecution examined as many as 13 witnesses in support of its case. Thereafter, the accused appellant was examined under section 313 Cr. P.C. Learned trial court after examining the evidence and hearing both the sides, convicted and sentenced the accused appellant as indicated above.