KANHAIYALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- Accused appellant Kanhaiyalal has been convicted and sentenced to one year's rigorous imprisonment with a fine of Rs. 1000/- and in default to undergo rigorous imprisonment for three months under Sec. 161, I.P.C. and to 1-1/2 years rigorous imprisonment with a fine of Rs. 1000/- and in default to further undergo three months rigorous imprisonment for offence under Sec. 5(1)(d)(2) of the Prevention of Corruption Act by learned Special Judge, Anti-Corruption Cases, Udaipur on 31-12-1979. It was ordered that the sentences will run concurrently. He preferred this appeal against the said judgment of conviction and sentence.

(2.) Briefly stated, Radhey Shyam son of Laxmi Lal residentof Babrana Tehsil Kapasan District Chittorgarh came to Additional Superintendent of Police, Anti-Corruption, Udaipur who was holding camp at Kapasan on 18-3-78 and submitted report Ex. P/2 alleging that subsidy of Rs. 1,343/- was sanctioned in the name of his mother under the Dry Land Agriculture Development, Pilot Project for purchase of a water pump. Accused appellant Kanhaiyalal asked him to pay 10% as bribery. At the time of sanction, the complainant requested him not to charge the money and requested that since he was in dire need of money, he was not able to pay and later on after arranging he would pay. The FIR Ex. P/2 further stated that the well situated on the field of his mother was deepened and an application form to obtain subsidy was submitted to the Project Officer of Kapasan. The depth of the well was to be measured by the field man (accused appellant) and Assistant Engineer of the Office of Project Officer. On 16-3-78 Kanhaiyalal accused appellant demanded a sum of Rs. 100/- for himself and for the Assistant Engineer and assured that the depth of the well will be measured and then only subsidy for the purpose can be given. He threatened that in case the amount was not paid then the subsidy would not be given nor verification would be done. Since Radhey Shyam did not intend to bribe, he went to the Additional S. P. and submitted the report.

(3.) The Additional S. P. who was holding camp at Kapasan Dak Bungalow, read over the report to complainant and he accepted it to be true. The complainant desired that the accused appellant may be caught red handed. He submitted currency notes worth Rs. 100/-. Then Daya Shankar Head Constable was sent to procure two independent witnesses. Khattumal was brought by Daya Shankar. Roshanlal was already present. Currency notes which were 8 in number were signed by the Additional S. P. The complainant told to the Additional S. P. that the accused appellant would accept the amount in Kapasan at Shrinath Jalpan Graha in the evening. The Additional S. P. then demonstrated the use of phenolphthalein powder to the complainant and the witnesses. The witnesses were instructed to see the passing of money to the accused appellant. Phenolphthalein powder was sprinkled on the currency notes and then they were handed over to the complainant who was asked to hand over the same to the field man or Assistant Engineer on demand. The complainant was instructed that he may give a signal after payment by keeping his right hand on his head so that the trap may be laid. Then all these persons left the Dak Bungalow. Thereafter Shankar the Head Constable, Jawahar Lal L.D.C., Bhanwarlal and Babulal went from Dak Bungalow towards bus stand of Kapasan in Jeep No. RSG-1514 which was being driven by Ram Singh Driver. Shrinath Jalpan Graha is situated at Bus Stand. The jeep was stopped and the driver was instructed that he should lie beneath the jeep pretending that the jeep required some repairs. The Additional S. P. and Sub-Inspector Amar Singh went into the hotel as customers where they took some edibles. At about 8.45 p.m. accused appellant Kanhaiyalal and Mahaveer Mahatma, cashier entered into the hotel along with Radhey Shyam. All of them entertained themselves with tea. At that time Radhey Shyam and Khattumal were standing at the gate of hotel. Head constable Daya Shankar was also standing there. After taking tea, accused appellant obtained the currency notes along with a sum of Rs. 5/- for the prescribed application form and then complainant Radhey Shyam gave the signal. It were Roshanlal, Khattumal, Head Constable Daya Shankar and S. I. Amar Singh who saw the passing of currency notes to the accused appellant. Complainant asked the accused appellant to count the currency notes and the accused appellant replied that and then he started counting the currency notes. After signal was given by Radhey Shyam, Additional S. P. Shri Durgalal Sharma along with Daya Shankar and Amar Singh reached near the accused appellant. They gave their introduction and told the accused appellant that he had received the sum of Rs. 100/- as bribery in order to get the subsidy sanctioned to Radhey Shyam. Kanhaiyalal became nervous and was taken aback. He was not able to speak and pressed his left palm containing the currency notes. He was brought to a chowk where lights were on. Roshanlal, Khattumal, Mahaveer Mahatma and complainant also came there. Then Additional S. P. asked him to sit on the bench keeping his hand up. He was asked as to where he had kept the money, then accused appellant opened the fist of his left hand and presented currency notes worth Rs. 105/-. Then the hands of the accused appellant were washed in the solution containing sodium carbonate. The water turned pink and the solution was sealed in bottles. The numbers of the currency notes were tallied with the memo prepared before trap, and found that the currency notes were the same which were handed over to Radhey Shyam after spreading phenolphthalein powder on them. The currency note of Rs. 5/- recovered from the accused appellant was extra. This currency note of Rs. 5/- was initialed by Additional S. P. at that time. This currency note was given to the accused appellant to obtain application form.