S. I. Jafri, J. - (1.) CHARAN Singh appellant has filed this appeal against his conviction u/Sec 161 CPC and sentence of 2 years R. I and also u/Sec. 5 (2) of the Prevention of Corruption Act and sentence of two years R. I. recorded by Sri R. P. Mathur, Special Judge (lllrd Additional Sessions Judge) Merrut, by his judgment and order dated 14-12-1984 in Crl. Case No 5 of 1982,
(2.) THE appellant was posted as Sub-Inspector of Police at Police Station Kithore in the district of Meerut during the relevant period. THEre occurred some dispute between the complainant Eijaz (PW 2) and one Tilak Ram of the same village Nagla Salempur in connection with the discharge of water from the Paranalas of his house over the land which was recently purchased by Tilak Ram. Tilak Ram was adament to stop the discharge of water from the Parnalas of Eijaz complainant by constructing a wall on the aforesaid land on 27-2-1982 resulting in some altercation between him and the complainant Eijaz PW 2 aggrieved by the attitude of Tilak Ram lodged a report Ex. ka-4 at P. S. Kithore and he bad also sent two applications to the S. S P. Meerut Ex. Ka-5 and Ex. Ka-6. Charan Singh was entrusted with the enquiry of the aforesaid complaints. THE appellant inspected the place of dispute and he demanded an amount of Rs. 100/- from the complainant Eijaz for initiating proceedings u/Sec 107/116 CrPC against Tilak Ram and others. Eiiaz complied with the demand made by the appellant and paid him Rs. 70/- at that time. THE appellant asked the complainant to meet him after two days, and when the complainant met him after two days, he again demanded Rs. 2o0/- for instituting the proceedings under section 107/116 CrPC only against the party of Tilak Ram and others. THE complainant agreed to pay the aforesaid amount of Rs. 200/- on the next morning. THE complainant met the S P. Vigilance and submitted his complaint Ex.Ka-1 to him for taking action against the appellant. THE S. P. Vigilance directed M. P Singh PW 1 Dy. S. P. Vigilance to lay a trap on the appellant. He interrogated the complainant regarding the allegations mentioned in the complaint THE complainant told him that bribe money is to be paid by him to the appellant next morning between 8 or 9 A.M. at the Tea shop of Prahlad in the town of Kithore. THE Dy. S. P. directed the complainant to meet him at 7 A.M. on 11-8-i982 outside the town of Kithore of Purik shatgarh Road with the amount of Rs. 200/- for paying the same to the accused. The raiding party headed by Sri M. P. Singh, Dy. S. P. reached the appointed place outside the town of Kithore at about 7 A.M. next morning and Eijaz met him near the Gher of Haji Abbas. Public witnesses Insaf Ali PW 5 and Intizar Ali PW 3 who were passing on the road were picked up by the Dy. S. P. for witnessing the search. The Dy. S P. told the entire plan to Intizar Ali and Insaf Ali The complainant then handed over the currency notes of Rs. 200/- to the Dy. S. P. The 6 currency notes Ex. I to 6 were initialled by the Dy. S. P. and were treated with Phenolphtalein powder. The currency notes, then, were returned to the complainant with the directions that these very currency notes were to be given to the accused by him. A memo was prepared regarding the same According to the plan the complainant was to bring the appellant to the tea shop of Prahlad from the Police Station, and the raiding party along with the witnesses were to stand near the said shop. Accordingly, the raiding party along with the witnesses took their respective positions and sent the complainant inside the Police Station for bringing the accused with him. After a short time the complainant returned with the accused and they took their seats on the bench inside the tea shop of Prahlad. The complainant told the accused that he had brought the money as demanded by him He handed over 6 currency notes to the accused who kept them inside the left pocket of the pant which he was wearing. The Dy. S. P. appeared on the scene and after disclosing his identity took personal search of the appellant in the presence of the witnesses and the aforesaid currency notes were recovered from the pant of the appellant. The hands of the appellant were washed by the solution of sodium corbonate. The colour of the solution turned pink. The solution was kept in separate bottles in sealed cover. The pant of the accused was also taken into possession and it was kept in a sealed cover and the currency notes were also sealed. Recovery Memos were prepared regarding the same A copy of the recovery memo was given to the accused. The accused was taken into custody and he was brought to the Police Station along with the case property. Sri M. P. Singh lodged the report regarding the occurrence at the Police Station, whereupon a case u/Sec. 161 IPC and u/Sec. 5 (2) of the Prevention of Corruption Act was registered against the accused at 11 A.M. in the General Diary of the Police Station. The recovered property was deposited in the Malkhana and the accused was put behind the bars in the police lock- up
(3.) POLICE Station Kithore lies at a distance of 100 yards from the tea shop of Prahlad where the bribed money was said to have been recovered from the possession of the accused. The investigation of the case was handed over to Autar Narain Kunwar and it was later on entrusted to Harpal Singh Inspector who submitted the charge sheet after obtaining requisite sanction against the accused.;