GIR RAJ KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment of conviction and sentence passed by the learned Special Judge, Anti -Corruption Cases, Jaipur dated 23 -1 -1979 where by the accused appellant has been convicted under Section 161 I.P.C. read with Section 5(1)(d)(2) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for one year for offence under Section 161 I.P.C. and further sentenced under Section 5(1 )(d) and (2) of the Prevention of Corruption Act for two years rigorous imprisonment and a fine of Rs. 500/ -, in default of payment of fine, to further undergo simple imprisonment for six months. Both the sentences were to run concurrently.

(2.) BRIEFLY stated the facts of the case are that PW 1 Harlal submitted a report (Ex.P 1) before the Deputy Superintendent of Police, Anti -Corruption Department, Bharatpur on 12th July, 1975 at 9.30 a.m. alleging that he was resident of Pagor Nagla Lakhan and was a teacher. The accused appellant, who is Head Constable of Police Station Kumher called his father Sanwal Ram PW 6 on 10th July, 1975 and detained him in police station in a false case under Section 411 I.P.C. on the ground that he had purchased the stolen wheat out of levy wheat of village Lakhan. The above case was got registered on account of enmity by the villagers. The wheat, which has stolen by the labourers had been recovered by the Patwari and the Patwari had made an entry in his Ghatna Bahi. The Patwari had also informed the Police Station, Kumher about this fact. Even then it was stated that the accused appellant is trying to obtain bribe by not releasing his father. The accused demanded a sum of Rs. 200/ - from him as bribe, but later on agreed to accept Rs. 100/ -only. The complainant did not want to give bribe and wanted to get the accused appellant trapped red handed. One G.C. note of Rs. 100/ - was submitted before the Dy. SPACD and the same was dusted with powder of phenolthalein by L.C. Rajveer Singh in presence of PW 2 Ratan Singh. A motbir witness also came with the complainant when Ex.P 1 was submitted before the Deputy Superintendent of Police. All these proceedings were recorded in Ex.P 2. Thereafter the note was returned to Har Lal after giving necessary instructions in the matter. The complainant was also given instructions to give a signal by raising his hands after giving the currency note to the appellant. Shri Ratan Singh was directed to remain with Harlal and watch and hear the conversation which took place between the accused and the complainant while passing the tainted G.C. note. The Deputy Supdt. of Police thereafter left Bharatpur along with the trap party and Motbir witness Ratan Singh PW 2 for Kumher in a jeep. At Kumher, Kamal Singh PW 3 met the trap party and informed that accused had gone to Bharatpur and was expected to come back at Kumher at 3 00 p.m. The accused was seen at Kumher bus -stand at 3.00 p.m. Harlal and Kamal Singh contacted him. After a short while the accused came back to bus -stand with a constable and a person who was hand -cuffed. The accused, constable Sanwal Ram, Harlal and Rafan Singh boarded a bus, which was leaving for Bharatpur. Kamal Singh informed the (rap parly that the accused had raised the demand of Rs. 100/ - to Rs. 150/ -, which has been accepted by Harlal and the same will be paid in Bharatpur, where he had a rented house. The accused will release his father Sanwal Ram at Bharatpur after accepting bribe amount. The trap party reached at Bharatpur power house at about 4.30 p.m. Ratansingh and Rajveer Singh were sent to locate Harlal and Sanwar Ram. After some time, Rajveer along with Harlal and Ratan Singh came and informed the Deputy Superintendent of Police near the Power House that the accused had taken Rs. 150/ -from him and has also released his father. Now the accused is going towards Police quarters at Girraj from the road passing infont of the Collectorate, Bharatpur. The accused was apprehended near the Collectorate and was taken in the jeep of Dy S.P. to the out post, Anti Corruption Department, Bharatpur. There, one G.C. note of Rs. 100/ - and 5 G.C. notes of Rs. 10/ -each were recovered from the possession of accused and a diary and remand sheet were also taken into possession vide Ex. P 4. After usual investigation, a challan was submitted in the Court of Special Judge, Anti -Corruption cases Rajasthan, Jaipur. The prosecution examined as many as 8 witnesses in support of its case, where as the accused examined seven witnesses including himself in the defence. Learned trial Court after hearing both the parties convicted and sentenced the accused appellant as indicated above.

(3.) IT has also been pointed out that as proved by PW 3 Kamal Singh, the appellant at the time of arrest also gave explanation of Rs. 150/ - which was given to him by PW 1 Harlal. He has further stressed that this amount of Rs. 150/ - was given to the appellant by Harlal which were sent to the accused by one Deshraj to whom this amount of Rs. 150/ - had been sent by the appellant for sending pure Ghee. Since pure Ghee was not available, therefore, this amount was returned by Deshraj through Harlal PW 1. It is, therefore, submitted that receipt of Rs. 150/ - by the accused appellant at the time of arrest is fully explained and he has been falsely implicated to have accepted any bribe amount from PW 1 Harlal.