R L BHATNAGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 22nd Oct, 77, passed by the Special Judge for ACD-Cases. Jaipur, by, which, the appellant has been convicted u/s. 161, IPC, and sentenced to 1 years simple imprisonment and a fine of Rs. 200/-, and in default of payment of fine, to further undergo 1 months simple imprisonment; and u/s. 5(1)(d)(2) of Prevention of Corruption Act (for short, the Act), to 1 year's simple imprisonment and a fine of Rs. 200/-, and in default of payment of fine, to further undergo 1 months simple imprisonment. Both the sentences were, however, ordered to run concurrently.

(2.) The appellant was working as Office Superintendent, in the Office of CM & HO, Maharani Bhim Singh Hospital, Kota. On 18th Dec., 73, one Labhchand, at about 8.15 A.M., lodged a written- report before the Additional Superintendent of Police, Anti-Corruption Department, Kota (for short, the ASP) alleging therein that he was transferred from the Office of CM & HO, Kota, to that of District Medical and Health Office, Kota, and he had joined duties there on 13th Nov. 73. His service book and other relevant documents which were sent by the CM & HO, Kota, were not complete, and the same were returned to the Office of CM & HO, for removing the defects, and for full remarks. That file was not received back till 18th Dec. 73. In this connection, when he inquired from the Office Superintendent of the CM & HO Office, Kota (the appellant), the latter told him that if Rs. 50/- were paid to him as bribe, he would get his service record completed. Because, he did not want to pay the bribe, the appellant with held the record. In this connection, Labhchand met the appellant 2-3 times more, and requested him to send his service record; but, the latter again demanded Rs. 50/-, as bribe. Informer Labhchand did not want to pay the bribe and wanted to get the appellant entrapped. He also produced currency-notes of Rs. 50/- to the ASP.

(3.) On this report, the ASP called two motbirs, and made all pre-requisite arrangements for laying a trap. The currency-notes were smeared with phenolphthalein-powder, and initials were put by the ASP on the said currency-notes. Then, a memo for handing over the notes, was prepared, and all reached the hospital. The trap was laid. Upon receiving signal, the ASP, after disclosing his identity, caught hold of the accused, and recovered the amount from him. The accused, at that time, offered his explanation that he had given a loan of Rs. 80/- to the decoy, and that out of that, the latter had returned Rs. 30/- earlier, and the balance of Rs. 50/- was paid back by him, on that date.