GOPAL KRISHNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PW 2 Ram Swaroop Sharma, aged 50 years a Government employee working as Upper Division Clerk in water works department at Sawai-Madhour, got himself admitted as in indoor patient in Government Hospital at Sawaimadhopur on 29.9.78. He was admitted to Medical Surgical Ward as he was suffering from burning nicturition and severe pain in penis. PW 4 Dr. L.N. Sharma along with Dr. PC. Jain, who were then working as Medical Officers in that hospital, treated the patient. Ram Swaroop was discharged, after treatment on 8.10.78.

(2.) The case of the prosecution is that at the time of his discharge from the hospital he asked for issuing a medical fitness certificate to him so that he might resume his duty. The appellant was working as X-ray Technician in the said hospital at that time. It was his additional duty to prepare the fitness certificate to be issued to the patient on their discharge. Ram Swaroop contacted the appellant on 8.10.73. The appellant asked him to come on the following day. Ram Swaroop again contacted him on the following day, but the appellant again asked him to come on the next day. The patient continued to contact the appellant up to 12.10.78. The further case of the prosecution is that on 12.10.78 the appellant asked him to pay a bribe of Rs. 15 for issuing the required certificate. Ram swaroop who was not ready and willing to pay the aforesaid amount as bribe to the appellant, contacted PW 6 Mohan Singh Arya, the then Dy. S.R in the Anti Corruption Department. Shri Mohan Singh Arya after taking PW 3 Naresh Chandra, Audit Inspector in the Cooperative Department and PW 5 Laxmi Narain an Upper Division Clerk in the said department arranged for a trap of the appellant. The trap was successful. The appellant received Rs. 15.00 which were treated which Phenolphthalein, from Ram Swaroop and was caught red- handed.

(3.) After obtaining the requisite sanction for his prosecution from PW 1 Dr. B.M. Singh, a charge-sheet for offence under Sec. 5(1) (d) (2) of the Prevention of Corruption Act 1947 (Act of 1947) and Sec. 161 Penal Code was submitted against him. On trial the learned Sessions Judge held the appellant guilty of the aforesaid offences, convicted him thereunder and sentenced him to undergo R.l. for six months and fine of Rs. 200.00 for each of the two offences. The substantive sentences of imprisonment were directed to run concurrently. The appellant has challenged his conviction and sentences, as made by the Learned Trial Judge on 19.7.83 in S.B. Cr. Special Case No. 19/79 (State Vs. Gopal Krishan) , by Way of this appeal.