TEJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated April 21, 1986 whereby, the Special Judge, Prevention of Corruption Cases, Jaipur, convicted the accused -appellant Tej Singh in the offence under Section 5(1)(d)(2) of Prevention of Corruption Act, 1947 (hereinafter referred to as 'Act 1947') and sentenced him to rigorous imprisonment for one year and a fine of Rs. 200/ -; in default of payment of fine to further suffer rigorous imprisonment for two months.

(2.) THE prosecution case is woven like this:

(3.) IN due course, the case came up for hearing before the Special Judge, Prevention of Corruption Cases, Jaipur. The accused was indicted for the offences under Sections 161 of IPC and Section 5(1)(d)(2) of the 'Act 1947', who pleaded not guilty and claimed trial. In order to further its version, the prosecution examined as many as 11 witnesses. In his explanation under Section 313 of Cr.P.C. the accused claimed innocence and pleaded that on May 30, 1979, he was working as a Receipt - Dispatch Clerk. About 2 -2 1/2 months prior to the occurrence, the complainant Alladin along with Ganeshi Lal came to his house and asked for Rs. 100/ - loan for Ganeshi Lal. He declined to give Rs. 100/ - as he did not have that money with him. However, he assured to manage this money through his brother. The accused told the complainant that he did not know Ganeshi Lal and he shall manage Rs. 100/ - through his brother on his guarantee. Whereupon, the complainant took the guarantee of returning this money on behalf of Ganeshi Lal. The appellant examined two witnesses DW -1 Ganeshi Lal and DW -2 Dal Chand in defence. On completion of trial, the court convicted and sentenced the appellant as indicated hereinabove.