N.K.MEHROTRA, J. - (1.) THIS is an appeal against the judgment and order dated 15-4-1988, passed by Special Judge / Vth Additional Sessions Judge, Faizabad convicting and sentencing the appellant under Section 5(2) of Prevention of Corruption Act for one year R.I. and a fine of Rs. 100 and under Section 161 IPC for six months R.I.
(2.) HEARD Sri A.R. Siddiqui for the appellant and learned A.G.A. and perused the records. The accused-appellant was Head Moharrir in June 1985 in Police Station Hanswar, District Faizabad. He demanded a bribe of Rs. 50 from Gati Ram when Gati Ram went to police station at 7.00 a.m. on 11-6-1985 for lodging a First Information Report. Since Gati Ram did not offer bribe of Rs. 50 as a consideration for lodging the First Information Report, the First Information Report was not lodged, so a complaint was made to District Magistrate who arranged trap.
(3.) ON 12-6-1985 during trap, the appellant was caught red handed at the time of accepting Rs. 50 as illegal gratification for lodging the First Information Report. All the formalities as required under law were fulfilled and the accused-appellant was arrested on the spot with a note of Rs. 50 which was duly signed by the Trap Inspector. All the formalities were performed in presence of witnesses.;