SOMAYYA VENKATRAMAN NAYAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Somayya Venkatraman Nayak has preferred this appeal against the judgment of the learned Special Judge for Rajasthan Jaipur City, dated Dec. 15, 1972 convicting him for the offence under section 161 I.P.C. and section 5 (1 )(d) read with section 5(2) of the Prevention of Corruption Act. The sentence on each of the counts was one year rigorous imprisonment and a fine of Rs. 100.00. The substantive sentences were directed to run concurrently.

(2.) The facts alleged by the prosecution were these. That the appellant was working as TCM/PCT, Auto Exchange, Gangapur City during the year 1970. He demanded some illegal gratification from Ram Singh as a reward for continuing his services. Ram Singh then made a complaint to S. P. E. Jaipur on 21-9-1970. A trap was arranged. On 25-9-1970 at railway station, Gangapur City, Ram Singh paid a sum of Rs. 70.00 to the appellant and the same was recovered by the police on the spot The prosecution case is based on the testimony of Bhartendu P.W. 1, Ram Singh P. W. 2, Nandlal P.W. 3, Janeshilal P.W. 8 and Prabhulal P.W. 10.

(3.) I have heard the learned counsel for the appellant and the learned Public Prosecutor and perused the record of the case.