STATE OF RAJASTHAN Vs. MANSINGH

JUDGEMENT

(1.) The facts of this case, as noticed by this Court, are that complainant Ganpat Choudhary submitted a written report to Shri Vinod Gandhi, Deputy Superintendent of Police, Anti Corruption Bureau, Jodhpur, in which, he submitted that while he was traveling on his Hero Honda Motorcycle from Salawas on 21.08.2009 towards Jodhpur, he was stopped by three constables, namely, Mansingh, Hiralal and Moolsingh of Police Station Basni Jodhpur City and the constables, as named above, threatened him that he shall be framed in the case of plying illicit liquor. The complainant alleged that Mansingh demanded Rs.40,000/- from him. It was also alleged that Kana Ram asked to give Rs. 1,500/- on monthly basis for allowing him to continue with the carrying on trading illicit liquor. The complainant made the written report upon which, ACD arranged a trap proceeding while registering an FIR bearing No.215/2009 against Mansingh constable number 569 and constable Hiralal number 217 of P.S. Basni for the offenses under Sections 7, 13(1)(d), 13(2) of the Prevention of Corruption Act, 1988 read with Section 120-B of IPC.

(2.) The trap was organized and the accused was caught red handed. The investigation was conducted thereafter and after receiving the prosecution sanction, a charge-sheet was filed against the accused Mansingh constable and Kanaram (private person).

(3.) Learned trial court after hearing the arguments on charges, framed the charges and proceeded with the trial, the prosecution examined as many as 18 witnesses and exhibited documentary evidence Ex. P/1 to Ex. P/44. The accused respondents did not produce any witness but produced documentary evidence Exhibit D/1 to D/9.