GHANSHYAM Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT Ghanshyam has been convicted under section 161 Indian Penal Code and section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced to rigorous imprisonment for two years on each count.

(2.) IT is not in dispute that accused Ghanshyam was Assistant Superintendent of the Post Offices at Sagar. Asharam (P.W.1) was Extra Departmental Messenger. He was transferred and posted as a peon in city Post Office at Sagar. He was earlier getting remuneration of Rs. 247/- per month and after his posting as peon he started getting an amount of Rs. 550/- per month. It is further admitted that on 31-1-1986 at about 5.00 P.M. Asharam (P.W.1) gave an amount of Rs. 80/- to the accused near Natraj Hotel. This amount consisted of four currency notes of Rs. 20/- each. This amount was seized from him as per seizure memo Ex.P-14. The hands of accused Ghanshyam were washed in the solution of the sodium carbonate and the colour of the liquid became pink.

(3.) THE accused pleaded not guilty. His defence is that on 1-1-1986 Asharam (P.W.1) had borrowed an amount of Rs. 100/- from him in the presence of Harprasad (P.W.1). On 27-1-1986 the accused asked Asharam (P.W.1) to repay the amount of the loan. Asharam (P.W.1) had partly repaid the loan amount to the accused on 31-1-1986. The accused never demanded nor accepted any illegal gratification from Asharam (P.W.1).