RAM RAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order of conviction dated 21st February, 1986, whereby the Special Judge Anti Corruption Cases Jaipur convicted the accused appellant Ram Rai S/o Shri Narain Lal by caste Balai, R/o of Niwai in the offences under Section 161 of IPC and Section 5(l)(d)(2) of Prevention of Corruption Act, 1947 (hereinafter referred to as Act 1947) and sentenced him as under:

(2.) THE nub of the prosecution story as unfolded by PW.l Abdul Aziz is as under: That on 9th April, 1980 the complainant PW -1 Abdul Aziz submitted a complaint Ex. P/l to Dy. S.P. Anti Corruption Department, Ajmer stating that the accused Ram Rai Land Records Officer Tehsil Devi, District Tonk, has solicited for a bribe of Rs. 200 for mutation of his land. He has no intention to pay the gratification to the Land Record Inspector, hence necessary action should be taken. The complainant also stated that having settled the time and the place for giving this bribe amount to the accused, he shall again come on 10th April, 1980. Since the complainant could not manage 200 rupees, he approached the Dy. S.P. A.C.D. on 11th April, 1980 and apprised the Dy. S.P. that on his request the accused has agreed to accept 150 rupees instead of 200 rupees. PW.7 Bhanwar Singh Dy. S.P. A.C.D. Ajmer formulated a scheme for entrapping the accused Ram Rai and co -opted two independent witnesses PW.2 Shri Har Lal and PW.5 Shri. Jivan Singh Rathore. The complainant gave 150 rupees to Shri Bhanwar Singh Dy. S.P. who after necessary formalities fulfilled gave back these currency Notes to the complainant for handing over to the accused at the appointed time and place. PW/7 Shri Bhanwar Singh Dy. S.P. accompanied by trap party proceeded to bus -stand, Devli where both the complainant Abdul Aziz arid the accused Ram Rai entered into a Hotel. On receiving the signal of the complainant, trap party entered into the Hotel, accosted the accused Ram Rai and recovered the bribe amount of Rs. 150 from his possession. PW.7 Bhanwar Singh prepared a running note Ex. P/1 on the spot, recovered the currency Notes of Rs. 150 from the accused appellant and sent the report to Police Station Anti Corruption Department whereupon the FIR Ex. P/24 was lodged and Investigation commenced.

(3.) THE accused appellant was charged for the offences under Section 161 of IPC and Section 5(l)(d)(2) of Act 1947 who pleaded not guilty and claimed trial. In order to further its version, the prosecution has examined as many as 10 witnesses. The accused appellant in his explanation under Section 313 of Cr.P.C. claimed innocence and adduced 5 witnesses in defence. On completion of trial, the appellant was convicted and sentenced as indicated hereinabove.