KESARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 6. 8. 1981 passed by the learned Special Judge Anti-Corruption Cases, Jodhpur convicting the appellant of offence under Sec. 161 I. P. C. and Sec. 5 (2) of the Prevention of Corruption Act, 1947 sentencing him to undergo 1 year R. I and to pay a fine of Rs. 10,000/-, in default of payment to further undergo 1 month S. I.

(2.) THE prosecution case is that the complainant PW/1 Udaram had purchased 8 Bigha and 6 Biswa of land in village Manglana, Tehsil Parbatsar Distt. Nagour vide a sale deed dated 21. 01. 1975 for a sum of Rs. 1500/ -. He approached to appellant Kesaram Patwari of the area for mutation of the land in his name. THE accused appellant received the sale deed Ex. P/4 and demanded sum of Rs. 100/-for the favour. THE complainant expressed his inability to arrange the fund on account of poverty. THE accused told him that he may pay the said amount after Dipawali during the period from 5th Nov. to 10. 11. 1975. THE complainant was not interested in paying the bribe as such he decided to approach the Anti Corruption Department. THErefore, on 7. 11. 1975 he alongwith PW/2 Heeraram and PW/3 Chitarmal approached to PW/5 Himmat Singh the Dy. Superintendent of Anti Corruption Department. THE Deputy Superintendent of Police after receiving the complaint arranged a trap. Accordingly currency notes of Rs. 100/-were initialled by the Deputy Superintendent of Police. Phenol Pathelin Powder was applied thereon. A Panchnama was prepared entering number of the tainted currency notes. As per plan, the tainted currency notes were given by the complainant Udaram to the accused. On receiving the signal, the trap party made search of the person of the accused and recovered the tainted currency notes. THE necessary formalities were completed on the spot. After usual investigation, Police laid chargesheet against the appellant for the aforesaid offence.