- (1.) This appeal is directed against the judgment and order passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No. 1247 of 2001 (Old No. 462 of 1990), dated 30.09.2008. By the impugned judgment and order the High Court has affirmed the order of conviction and sentence passed by the learned Special Judge, Anti Corruption U.P. (East), Dehradun for the offence punishable Under Section 161 of the Indian Penal Code, 1860 (for short, "the Indian Penal Code") and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (for short, "the Act"). Brief facts of the prosecution case are: the Appellant was an Assistant Manager, In-Charge of New India Assurance Company in Dehradun. On 11.05.1985, one V.K. Mittal (PW-1) lodged a written complaint with C.B.I., Dehradun alleging that the Appellant demanded bribe by way of commission against the survey fee bills and he had been declining to accede to his demand. In his complaint he stated that on 11.05.1985, the Appellant telephoned him at his residence asking him to pay a bribe of Rs. 250/- towards his commission on the payment received by him since 01.04.1985. He further stated that the Appellant told him that if he would pay the said bribe on the same day, he would pay most of his outstanding bills. As per the complaint, no written commission was payable to the Branch Manager on the bills of the surveyor and he had to agree to the demand of the bribe of Rs. 250/- as the Appellant threatened PW-1 that if he did not pay the said price then the Appellant would not pass on any business of survey in future. On the basis of the above written complaint, a case was registered against the Appellant by the C.B.I.
(2.) Accordingly, a trap was arranged wherein the Appellant was caught red-handed while demanding and accepting an illegal gratification of Rs. 250/- from PW-1. The said bribe money was recovered from the possession of the Appellant. Before framing of the charges the statement of the Appellant was recorded wherein he had stated that the money recovered was not bribe money but it was related to the routine give and take between him and PW-1. On 29.07.1986, the learned Special Judge, Anti Corruption, U.P. (East), Dehradun framed charges against the Appellant Under Section 161 of the Indian Penal Code and Under Section 5(2) read with Section 5(1)(d) to which the Appellant pleaded not guilty and the and the case was committed to Trial.
(3.) The prosecution examined eight witnesses in order to substantiate its case. The statement of the Appellant Under Section 313 of the Code of Criminal Procedure, 1973 was recorded wherein he has admitted to the recovery of Rs. 250/- and has stated that the said sum of Rs. 250/- recovered from him was not bribe money. The Appellant filed a written statement wherein he stated that the said sum of Rs. 250/- was a temporary loan given by the Appellant to PW-1 on 06.05.1985 and the said amount was in fact refunded by PW-1 on 11.05.1985 and a false case was concocted against the Appellant showing the said loan money as bribe. For the purpose of the said loan the Appellant asked PW-1 for a written receipt which PW-1 after duly signing gave to the Appellant.;