Decided on November 27,1954

MOOLRAJ Appellant


- (1.) THE appellant was tried by the Special Judge, Mandi, of an offence under Section 5 (2), Prevention of Corruption Act, 1947, and, in the alternative, of an offence under Section 161, I. P. C. The learned Judge found him guilty of the latter offence and sentenced him to imprisonment till the rising of the Court and to pay a fine of Rs. 300/-; in default three months' rigorous imprisonment.
(2.) THE prosecution case was as follows: The appellant was employed in April 1952 as Reader to Sri G. M. Laul, Magistrate first class, Mandi. One Nag Singh (P. W. 4) was convicted by the said Magistrate on 234-1952 of an offence under Section 309, I. P. C. He was released under Section 562, Criminal P. C. , on furnishing surety to be of good behaviour. The necessary surety bonds were filled in by Nag Singh the same day and presented to the Reader. But the latter, it is alleged, created obstruction in the way of their attestation, demanded mithai (illegal gratification) from Nag Singh and asked him to come the next day. On the following day, i. e. , on 24-4-1952, the appellant persisted in asking for mithai. Thereupon, Nag Singh approached Sri Parkash Chand, Magistrate first class, Mandi, and complained to him against the appellant. Thereupon, Sri Parkash Chand signed two one rupee notes, Exs. P. 1 and P. 2, and gave them to Nag Singh with instructions to hand them over to the appellant. Accordingly, Nag Singh went to Sri G. M. Laul's Court and called the appellant, who came out. . Both went down the stairs and, '* is alleged, that at a spot near the drain, Nag Singh made over the marked currency notes to the appellant, who placed them inside his pocket. Appellant then went back to the Court room and called Nag Singh for the attestation of the surety bonds. At this juncture, Sri Parkash Chand came to Sri G. M. Laul's Court-room and, with the permission of the Magistrate, took the appellant outside. There, in the presence of the A. S. I. Mohan Singh and the search witness, Lal Singh, the Magistrate recovered the two one rupee notes from the possession of the appellant. The appellant was then arrested and sent to the police with a report by the Magistrate.
(3.) THE appellant denied having demanded any illegal gratification from Nag Singh, or having received the two one rupee notes in question. He also denied the recovery of these notes from his coat pocket. He alleged enmity with Sri C. P. Mehta, H. V. C. , and Sri Sagar, P. S. I. Two defence witnesses were produced.;

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