TEJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a typical case of "trap within a trap"

(2.) THE appeal is directed against the judgment of Special Judge. Jaipur City dated 29th November, 1971 convicting the accused appellant Tej Singh under Section 161 I. P. C. and section 5, 1), d) read with section 5, 2) of the Prevention of Corruption Act, 1947 for accepting bribe of Rs. 20/ - from a railway employee Phool Singh. He has been sentenced to undergo simple imprisonment for one year and a fine of Rs. 100/ - on each count.

(3.) HOWEVER, Phool Singh again approached the Superintendent of Police on 13. 6. 1967 and in the second time Mr. P. N. Shukla and Mr. Karansingh were deputed to organise a trap. In pursuance of it, they reached the Dak Bungalow of Gangapur city on 14. 6. 67 in the night. On 14 -6 -67 Phool Singh moved another application Ex. P. 2 and volunteered that Tej Singh be arrested in a trap. The police party called Bajrang Lal and Shiv Pratap to become trap witnesses. It is said that the accused did not attend office on 15 -6 -67 as he indulged in excessive drinks of liquor and there fore, remained lying in bed at his house. Neither the police party nor Shri Phool Singh wanted to leave the matter there having failed twice but continued their efforts on 16 -6 -67, Phoolsingh met the Police Officers at Dak Bungalow at 9 A. M. on 16 -6 -67, two notes of Rs. 10/ - each were delivered to him after which application of Phenol -phthalein ponder to them. An important feature of this case would assume great importance when I discuss the evidence later on, was that since Phool Singh was repeatedly trying to get Tej Singh arrested in the trap, the police authorities called Bajrang Lal to remain with him through out as an independent witness during the trap and Bajrang Lal was instructed to follow Shri Phool Singh to hear conversation between Phool Singh and Tej Singh and watch the passing over of the tainted notes to Tej Singh and then give a signal to the trap officers and other motbirs Shiv Pratap who were supposed to remain at a little distance from the place of the trap at the time of passing over the bribe amount to the accused.