A. S. Tripathi, J. - (1.) THE appeal and revision arise out of the same judgment and order dated 21.12.1988 passed by the then Special/Sessions Judge, Naini Tal whereby the appellant was convicted under Section 161, I.P.C. and sentenced to two years rigorous imprisonment and to pay a fine of Rs. 5,000 in default of payment of fine the appellant was directed to undergo rigorous imprisonment for further period of four months. THE appellant Ram Saran Das was further convicted under Section 5(1) clause (d) read with Section 5 (2) of the Prevention of Corruption Act, and was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 7,000. l!n default of payment of fine, he was directed to undergo rigorous imprisonment for a further period of four months. THE sentences were directed to run concurrently.
(2.) THE appellant preferred this appeal against the aforesaid judgment and order on the grounds that the judgment was perverse and was against the evidence on record. On the other hand, the complainant Dr. Ajay Pal Singh filed a criminal revision referred above for enhancement of the sentence to three years R.I. and to impose a fine of Rs. 20,000 upon the appellant Ram Saran Das. The facts of the case are that the appellant Ram Saran Das was working as Regional Transport Officer. Kathgodam in the district of Nainital. Complainant Dr. Ajay Pal Singh (P.W. 10) claims to be the President of Kichha- Khatima Private Bus Operators Association. The Private Bus operators were operating their private buses on Kichha-Khatima on Mala Ghat route-another route in the District of Nainital. It was alleged that the route between Nanhak Sagar to Khatima (14 Kms) was nationalised. There were restrictions for plying the buses on that nationalised route. The Bus Operators were prohibited to ply their buses on the nationalised route. It is alleged that under the provision of U. P. Motor Vehicle Act, 1976, the operators started paying royalty to the state Government known as Administrative Operational Contract Charge (A. O. C. C.) to ply their buses on that sector. It is alleged that a sum of Rs. 310 was paid for plying each stage-carriage over that sector, Later on the Bus operators preferred a Special Leave Petition before Hon'ble Supreme Court in February 1982 and also obtained the stay orders Ext. Ka-1 and Ka-2 Dr. Ajay Pal Singh handed over the orders on 15.12.1982 to the appellant. Thereafter no obstructions were caused in plying of buses on that route. However, the R. T. O. Katgodam did not pass any final order for renewal of the permits. Only the temporary permits were granted for four months. This situation continued till 1984. Appellant Ram Saran Das took over charge in July, 1983. It is alleged that in April, 1984 he started telling the aforesaid bus operators that he will stop the plying of buses without permits. He was told that stay orders might have been obtained even from Hon'ble Supreme Court. He would not obey this order. In May, 1984, some stage-carriages were challaned by the appellant. Then the Bus operators lead and had talks regarding granting of temporary permits.
(3.) IT is further alleged that the appellant even after persuasion did not allow the plying of buses on that route, even under the orders of the Hon'ble Supreme Court unless he was paid Rs. 20,000 as illegal gratification. Dr. Ajay Pal Singh (P.W. 10) claims that after this talk, he assured the appellant that he will talk to the Bus operators and will arrange the money. IT is alleged that the bus operators were not willing to pay amount to the appellant, rather they decided to get the appellant Ram Saran Das trapped while accepting bribe. On 20.7.1984, Dr. Ajay Pal Singh met the appellant at his residence and claims to have sought a weeks time to manage the money. The appellant is alleged to have asked Dr. Ajay Pal Singh (P.W. 1) to bring the money on 26.7.1984.;