G.V. ASWANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated June 24, 1986 whereby, the Special Judge, C.B.I. Jaipur, convicted the accused -appellant G.V. Aswani in the offences under Section 161 of IPC and Section 5(1)(d) read with Section 5(2) of Prevention of Corruption Act, 1947 (hereinafter referred to as 'Act 1947') and sentenced as under: Under Section 161 IPC: Rigorous imprisonment for two years and a fine of Rs. 100/ -; in default of payment of fine to further suffer rigorous imprisonment for one month.Under Section 5(1)(d)(2) of Act 1947: Rigorous imprisonment for two years and a fine of Rs. 100/ -; in default of payment of fine to further suffer rigorous imprisonment for one month.Substantive sentences were ordered to run concurrently.

(2.) THE prosecution version as unfolded during trial is as follows: That on 25th July, 1983 PW -1 Kanchan Pal Chouhan Proprietor of M/s. Jai Radio Television Center, Shop No. 2, Dayanand Market, Kesarganj, Ajmer, presented an application Ex.P/6 to Shri K.C. Joshi Inspector of Police, SPE/CBI, Jaipur stating therein that Shri G.V. Aswani Wireless License Inspector was soliciting for a bribe of Rs. 100/ - for not taking legal action against him and expunging remarks recorded in his shop register. Shri Aswani met him many a times between 22nd April, 1983 till date and always solicited for a bribe amount which he did not want to give. Finally, Shri Aswani agreed to accept Rs. 50/ - only. Since, the complainant did not want to grease the palms of the accused, he lodged the written report Ex.P/6, whereupon PW -8 Shri K.C. Joshi Inspector, CBI formulated a scheme for entrapping the accused -appellant and co -opted two independent witnesses PW -6 N.K. Bhargava and PW -7 R.P. Kalwal.

(3.) THE Investigating Officer recorded the statements of the witnesses acquainted with the facts and circumstances of the case, seized the relevant documents and record, obtained the sanction Ex.P/21 from Senior Superintendent of Post Office, Ajmer Division, Ajmer to prosecute the accused and after usual investigation sent the accused for trial.