CHARAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Nagging question that cropped up in the instant appeal is whether payerTs testimony can be relied upon in a bribery case in absence of reassuring support.

(2.) The instant appeal impugns the judgment dated March 22, 1984 of the learned Special Judge, C.B.I. Jaipur whereby the accused appellant (for short the accused) was convicted as under: Under Section 161, IPC to undergo one years rigorous imprisonment. Under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (in short the Act) to undergo one years rigorous imprisonment and fine of Rs. 300/-. In default of payment of fine to undergo three months simple imprisonment. Both these substantive sentences were directed to run concurrently.

(3.) Brief resume of the facts is that on 23-7-1979 one Tularam (for short the decoy) made a complaint before the RS.O. Bikaner stating therein that accused Charan Singh demanded bribe of Rs. 250/- and he wanted to trap him red-handed. The aforesaid complaint was forwarded to the Superintendent of Police, SPE Jaipur for necessary action. The Superintendent of Police SPE Jaipur, directed to Shri P.N. Shukla, Dy. S.P. to proceed to Suratgarh to verify the contents and to take further necessary action in the matter. He was also directed to take Shri J.S. Bagaria, Inspector, Shri H.C. Singh Inspector and F.C. Balu Singh. Shri P.N. Shukla in pursuance of the directions reached Suratgarh on 25-7-1979 at 11.00 hrs. Decoy Tula Ram appeared before him at about 14.30 hrs., who interrogated him. Decoy confirmed the contents of the application and stated that Shri Charan Singh accused was demanding bribe of Rs. 250/- to be paid to him for continuance of his temporary gang beyond 14-8-1979 the sanctioned period. Tularam was directed again to contact Shri Charan. Singh accused anti to find out whether he was still demanding the money and also to fix place and time when he would accept the said bribe. About 4.00 p.m. Shri Tularam again appeared before Shri P.N. Shukla and informed that Charan Singh accused was still demanding the bribe and he has desired that it should be paid tomorrow either in the morning at about 7.00 hrs or at about 3.30 p.m. when he would be going to his office from his house on the Broad Gauge platform. Accordingly Tula Ram was directed to report at 6.00 a.m. alongwith money which intends to give as bribe. Presence of witnesses was also arranged at 6.00 a.m. through Shri H.C. Singh. Inspector. After the departure of the decoy the Dy. S.P. decided that the operation would be taken up at 3.3Opm. On 26-7-1979 at 6.00 a.m. decoy Tularam appeared and the witnesses Shri Pratap Singh. Security Supervisor. Central State Farm, Suratgarh and B.D. Kachhava. Accountant. S.B.B.J.. Suratgarh also appeared who were directed to report again at 1.00 p.m. At 1.00 p.m. the decoy and the witnesses appeared. Tularam was introduced to the independent witnesses and the members of trap party and the trap was arranged. The G.C. notes were smeared with phenolphthlian powder and handed over to Tularam for giving the same to accused Charan Singh on demand. He was directed not to shake hand with accused Charan Singh.