MOHD SADIQ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 16. 3. 82 passed by the Special Judge, Jodhpur convicting the accused-appellant of offence under Section 161 I. P. C. and Sec. 5 (2) of the Prevention of Corruption Act and sentencing him to undergo 1 year's R. 1. and to pay a fine of Rs. 500/-and in default of payment to further undergo 1 months' S. 1. on each court.

(2.) THE prosecution case is that on 6. 9. 76 PW/1 Tejaram submitted a written complaint before the Addl. Superintendent of Police (Anti Corruption), Jaipur stating that he is a resident of village Dabaria. After the death of his father he wanted to get 62 bigha of land mutated in his name and in the name of his 3 other brothers. He has submitted an application in that regard before the Patwari, Basroli. He had put the thump impression thereon. He enquired about the progress in the said matter from the Patwari on 4. 9. 76, on which, he told him that he will required to pay a sum of Rs. 100/-as bribe for doing the said work. THE Patwari also told him that he may pay sum of Rs. 50/-on 7. 9. 76 and rest of the amount later on. He did not disclose the name of the Patwari saying that he does not remember the name. It appears that the said application was forwarded to Dy. Superintendent of Police (Anti Corruption), Ajmer for arranging the trap. THE complainant PW/1 Tejaram submitted the said application before the Dy. Superintendent of Police (Anti Corruption), Ajmer on 9. 9. 76. As Tejaram was required to pay a sum of Rs. 50/-to the Patwari on 7. 9. 76 and that date had gone, therefore Tejaram was asked to fix another date with Patwari. Accordingly, Tejaram met the accused Patwari and fixed the date 11. 9. 76 as the date for the payment of Rs. 50/ -. Accordingly, a trap was arranged. Currency notes of Rs. 50/-were collected from, the complainant Tejaram. PW/6 Sitaram, Dy. Superintendent of Police (Anti Corruption) put his initials on the tainted currency notes. He noted number of the said currency notes in memo Ex. P/2. Phenothlin powder was applied on the currency notes. THE complainant Tejaram paid Rs. 50/-to the accused as per the plan. At that time PW/4 Shivkaran was also sitting alongwith Patwari. On receiving the signal, PW/6 Sitaram Pareek reached on the spot. It is alleged that the currency notes were recovered from the possession of the accused, which were lying under the Girdawri Register. On enquiry, the accused stated that he had received the said currency notes against the `bigori' (land revenue ). On search of the Patwarghar, the application submitted by the complainant Tejaram Ex. P/7 and Ex. P/8 were also recovered. THE Police also seized Rs. 457/-from the pocket of the accused. THE F. I. R. Ex. P/25 was prepared and sent to the Police Headquarter. After usual investigation and after obtaining reguisite sanction, Police laid chargesheet against the accused appellant of offence under Section 161 I. P. C. read with Section 5 (2) and 5 (1) (d) of the Prevention of Corruption Act.

(3.) CONSEQUENTLY, the appeal is allowed and the judgment of the Special Judge, Jodhpur convicting the accused appellant of offence u/sec. 161 I. P. C. and Sec. 5 (2) of the Prevention of Corruption Act is quashed and set aside. The accused appellant is acquitted of the said offence. He is on bail. The bail bonds stand discharged. .