Decided on September 04,1982

STATE Respondents


- (1.) THE appellant has been convicted for an offence under Section 5 (2) Prevention of Corruption Act, 2006 (Smvt.) and also under Section 161 R. P. C. and sentenced to one year's rigorous imprisonment and a fine of Rs. 100/- on each count but it has been directed that both the sentences shall run concurrently.
(2.) THE case of the prosecution was that the accused appellant in the capacity of Food Inspector approached the complainant Gh. Mohd Quereshi P. W. resident of Mohalla Akhoon Sahib, Hawal, Srinagar, who was manufacturing orange squash etc. in the name and style of 'queen Provision Store' and demanded a bribe of Rs. 500 from him for hushing up a previous case lodged by the appellant against the complainant and also for getting exemption from obtaining a licence from the Municipality for the said manufacturing concern of the complainant. It is further alleged that the complainant told the accused to come on Sunday i. e. on 3-8-1974 to receive the bribe amount, On 2-8-1974, however, the complainant i. e. Gh. Mohd. Quereshi, lodged F. I. R. Ex p w 2/2 narrating these facts before the Supdt. of Police Anti-Corruption Sgr. and requested for action to be taken against the appellant. A case, thus, came to be registered and the Anti-Corruption Organisation arranged a trap on 3-8-1974. It is alleged that on that date the appellant came to the residence of the complainant to receive the amount of the bribe. The appellant accepted Rs. 200/- in hundred rupees currency notes, from the complainant as bribe. These two notes had previously been got initialled by a Revenue Magistrate. The raiding party of the Anti-Corruption Organisation recovered these two marked' currency notes along with other money, from the possession of the appellant in presence of some witnesses, The investigation was completed and the sanction to file the challan against the appellant was obtained from the Govt. and as such a challan was produced in the court of Special Judge Anti-Corruption on 15-11-1975.
(3.) THE learned Special Judge framed charges against the appellant under Section 5 (2) Prevention of Corruption Act as well as under Section 161 R. P. C. The appellant pleaded not guilty.;

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