LALLU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment dated July 16/24, 1985, passed by the learned Special Judge (A. C. D. cases) Jaipur, whereby the appellant was found guilty for the offences and sentenced as under:- U/sec. 161, IPc - One year's R. I. U/sec. 5 (1) (d) (2), read with Section 5 (2), Prevention of Corruption Act, 1947 - One year's R. I. with a fine of Rs. 500/-in default, 3 month's R. I.

(2.) BRIEF facts giving rise to this appeal are that on the report of Ramchandra (PW2) a case was registered at police station Kishan garh Bas & a cross case was also registered against Ramchandra (PW 2) and others at the same police station. In both the cross-cases, the appellant, who was Station House Officer, Police. Station Kishangarh-Bas was conducting the investigation. It is alleged that when Ramchandra (PW 2) went to the police station and contacted the appellant, he demanded Rs. 500/- from him saying that he would go to the site for inspection only after, the complainant (PW 2) would pay him Rs. 500/- as gratification. Upon this, Ramchandra (PW 2) alleged to have agreed to pay Rs. 300/- and the same is said to have been paid to the appellant and then, the appellant alongwith certain other constables went to his village and investigated the cases and made inquiry from the witnesses in those cases; and thereafter, on return to the police station, the appellant is alleged to have sent Ramchandra (PW 2), his mother and brother for medical examination, with a police constable. After medical examination having got conducted, the appellant alleged to have asked Ramchandra and his brother to go back to the village because the injuries sustained by his mother was to be x-rayed but, Ramchandra (PW 2) desired, to accompany with his mother thereafter, his mother's injuries were x-rayed and then they returned to their village.

(3.) THE challan against the appellant was filed after obtaining a proper sanction which was given by Phool Singh (Pw 1), D. I. G. , Range Ramchandra (Pw 2) is the decoy witness though appeared in the witness box but turned hostile and, completely denied the alleged prosecution version against the appellant. Bal Kishan (Pw 3) and Kailash Chand (Pw 4) were the panch witnesses who in their statements before the Special Judge though admitted that they were called by Sardarilal (Pw 9) Dy. S. P. (ACD), and further admitted preliminary part of the prosecution story but they also denied that any money was given to the appellant as a gratification by Ramchandra (Pw 2) and that any money was recovered from the appellant by Sardarilal (Pw 9 ). Mohanlal (Pw 5) is brother of Ramchandra (Pw 2) and he was produced by the prosecution in order to prove that before the trap, Rs. 800/- were given to the appellant as bribe, but this witness, also turned hostile and deposed that no amount was given to the appellant as bribe, as was the version of Ramchandra (Pw 2 ). Darshan Singh (Pw 6) is a Sub-Inspector and it has been admitted by the prosecution that on the relevant date, Darshan Singh was holding a meeting at the crucial police station Kishangarh bas, and the money paid as gratification to the appellant was alleged to have been recovered before him. But, Darshansingh (Pw 6) admitted that he was holding meeting on the crucial date; however, he did not at all support the prosecution with regard to the recovery of the currency notes and on other salient features of the prosecution story.