BASHIR MOHD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 31 -3 -1982 by which, the appellant has been found guilty of the offence under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and sentenced him to one year's R.I. and a fine of Rs. 500/ -, in default of payment of fine to undergo three month's imprisonment. Under Section 161 IPC be was sentenced to one year's R.I. Both the sentences were ordered to run concurrently.

(2.) ACCORDING to prosecution story on 5 -12 -1979 one Kanhaiya Lal submitted an oral report before the Addl. S.P. Anti Corruption Department Kota where in it was alleged by him that an Ox of his brother -in -law was stolen away and a report to that effect was got registered at Police Station, Khanpur For the purpose of recovery of ox, he paid Rs. 300/ - as bribe to Bashir Mohd. The ox was recovered from village near Aklera. Thereafter, the Police got falsely implicated his nephew Shankar in the theft case. The SHO Bashir Mohd. demanded Rs. 200/ - for not giving any bearing to Shankar not taking remand and not to implicate him in the theft case. There after, he came to accept Rs. 150/ - only, It was further alleged that the SHO did not arrest the main culprit as he received Rs. 1,000/ - from him and falsely implicated his nephew Shankar. It was further alleged that when he did not go for a day, the SHO called him through a Constable at his residence and as he did not want to give any bribe to Bashir Mohd. he submitted this report. A trap was arranged and all the procedures were adopted. Kanhaiya Lal was directed to band over the notes which were smeared with powder and give Signal to Addl. S.P. On 10 -12 -1979, the Addl. S.P. complainant and motbirs along with staff went to Kanpur. The accused was not available there. Then the Add). S.P. came back to Jhalawar along with the party. On 11 -12 -1979 it was found that the accused bad gone to Aklera and when the went to Aklera it was found that the accused had gone to Jhalawar. They came to Jhalawar and near bus -stand the complainant and the witnesses were sent. The accused -appellant met the complainant at the bus -stand Kanhaiya Lal took the accused Bashir Mohd. for a cup of tea where accused demanded the amount from him. Kanhaiya immediately gave Rs. 150/ - and the accused put the amount in the pocket of his pent. Then the complainant gave a signal which was seen by (PW 3) Devi Sahai who was standing inside the bus -stand, who then gave signal to Additional S.P. and immediately he came there and gave introduction to the accused. Devi Sahai and Gopal Constables caught the accused The accused was arrested end search was made and from his pocket Rs. 150/ - were recovered. After completing the investigation the Police submitted challan against the appellants.

(3.) AFTER concluding the trial Court found the case established against the appellants and found him guilty of the offences and sentenced him as mentioned above.