- (1.) THE appellant ­ Mano Kalika Singh was put to trial and was ultimately convicted to undergo the sentence of two and a half years of rigorous-imprisonment under Section 5(2) of the Prevention of Corruption Act, 1947, and was further sentenced to pay a fine of Rs. 200/- with a concurrent sentence of one and a half years under Section 161 I.P.C.
(2.) THE appellant was already under custody when the sentence was pronounced and he was sent to Jail to serve out the sentence awarded to him by the learned Special Judge, Fatehpur vide his judgment dated 24.11.1981. THE appellant preferred an appeal which was admitted on 27.11.1981 and pending appeal the appellant was released on bail. This appeal has tottered for 31 years to reach for hearing. At the very outset it may be noted that the learned counsel for the appellant having extensively taken the Court through the entire paper book has urged that he presses the appeal only on the point of sentence keeping in view the advanced age of the appellant which according to the learned counsel is about 70 years at this point of time. The appellant was convicted after a trial commenced on the basis of the recovery of Rs. 100/- in a trap laid against him. The story as unfolded by the prosecution on facts is that the appellant Mano Kalika Singh was posted as a Head Moharir at Police Outpost Narauli, Police Station Kishunpur, District Fatehpur when an alleged dispute took place between one Krishna Chandra and Ram Prakash, brother of Bhanu Prakash for the return of Rs. 50/- which Krishna Chandra is said to have taken as a loan. On demand of repayment by Ram Prakash, Krishna Chandra is alleged to have threatened him to get him arrested and thereafter gradually the story of the involvement of the appellant as Head Moharir came into being when a rumour was spread about a theft having been committed at the house of Krishna Chandra. An F.I.R. is said to have been lodged on 29.10.1977 by Krishna Chandra, and it is in this context that Mano Kalika Singh is alleged to have threatened Ram Prakash and Bhanu Prakash and later on demanded a bribe of Rs. 200/- or else he would falsely implicate them in the case of theft as mentioned hereinabove. It is at this stage, the allegation of the prosecution is that the aforesaid threat occurred on 9.11.1977 and again repeated on 10.11.1977. Bhanu Prakash then promised to arrange Rs. 100/- and to pay the same to the accused within two days whereupon the accused asked one Ram Tirath also to pay Rs. 100/-. In the aforesaid background and of the alleged demand of bribe by the appellant, Bhanu Prakash went to Kanpur via Fatehpur accompanied by a lawyer Surya Bali Nishad and met the local M.P. Manohar Lal informing him about the same who advised them to meet the Superintendent of Police (Vigilance) at Kanpur. On hearing their story, a written request was entertained by the S.P. (Vigilance) written in handwriting of Bhanu Prakash on which a statement was recorded and P.W.-1 the Inspector of Police ­ Labh Chandra Sharma was directed by the S.P. (Vigilance) on 14.11.1977 to lay a trap.
(3.) ACCORDING to the pre-arranged plan the trap was laid and on 16.11.1977 the Inspector ­ Labh Chandra Sharma issued directions to Bhanu Prakash to meet him near a temple situate near the Post Office in the village of Kishunpur. The Inspector ­ Labh Chandra Sharma accompanied by another Inspector Sri Kishan Singh and two constables of the Vigilance Department arrived at the temple at about 10.00 a.m. on 16.11.1977 where they were informed that Bhanu Prakash had arranged with Mano Kalika Singh to meet on 17.11.1977 for paying the bribe. The two Inspectors stayed back at the house of one Deen Bandhu ­ P.W.-3 under a pretext of belonging to the Education Department and Bhanu Prakash produced Rs. 100/- in the presence of the witnesses Deen Bandhu and one Nathu Prasad whereafter the Inspector ­ Labh Chandra Sharma put his initials on the Currency-Note of Rs. 100/-. The said Note was treated with Phenolphthalein powder by Kishan Singh, tThe other Inspector, and his hands was washed in a solution of Sodium Carbonate whereafter the solution turned red and accordingly sealed in a phial duly signed by Bhanu Prakash and the Inspector. The said team then departed for village Narauli, where the Police Outpost is situate, for laying a trap as Deen Bandhu and Nathu Prasad had refused to accompany them. Gurushahai, the Village Chief was also requested to be a witness who also declined company whereafter the Team reached the house of Bhanu Prakash. The Team was informed that Mano Kalika Singh alongwith Dwarika Prasad would soon be coming to his house and accordingly the Team took position at the site where the said bribe is said to have been accepted. The details of the positioning have already been entered in detail in the judgment of the trial court. Ram Dhani the brother-in-law of Bhanu Prakash who is P.W.- 5 was also present. Mano Kalika Singh arrived as promised where the talk between Bhanu Prakash and Mano Kalika Singh took place assuring Bhanu Prakash that he need not worry and he shall be given his protection provided a sum of Rs. 100/- is paid to him. The prosecution story also unfolds that the appellant exercised great influence wherever he was posted and he always left behind favourite persons who looked after his interest. It was also alleged that he stated that he had to spend lot of money in order to shut the mouth of other constables and at the end of this conversation Bhanu Prakash took out the Currency-Note of Rs. 100/- from the front pocket of his Bushirt and handed it over to the appellant Mano Kalika Singh who held it in his right hand and then transferred it to his left hand and then into the side pocket of a White Kurta which he was wearing at that time. ;