Umeshwar Pandey, J. - (1.) Heard Sri V.M. Zaidi, learned counsel appearing for the appellant assisted by Sri V.P. Srivastava, Advocate and Sri H.C. Mishra, Advocate and the learned A.G.A.
(2.) This appeal arises out of the judgment and order dated 16.12.1986 whereby the Special Judge (Prevention of Corruption Act), Meerut, has convicted and sentenced the appellant-Data Ram for the offences punishable under Section 161 I.P.C. and Section 5 (2) of Prevention of Corruption Act, 1947.
(3.) The background facts giving rise to an occasion for criminal prosecution of the appellant in short: are that the complainant Ram Chandra (PW 3) was allotted a peace of land by the Gaon Samaj on lease (Patta) in a particular plot. He made a request to the appellant accused, who happened to be the Lekhpal of that village to make the measurement of the said allotted land in return whereof the appellant put his condition for giving a sum of Rs. 100/- to him as gratification. The complainant did not relish this demand of illegal gratification by way of bribe and as such, he approached the Vigilance Department of District Meerut by giving an application to this effect (Ext. ka-6) addressed to Dy. S.P., Anti Corruption Organization on 14.12.1983. This application was given by him to O.P. Verma, who was then in charge of the Meerut Unit of Vigilance (Anti Corruption) (PW 6), who immediately acting thereon passed a direction (Ext. Ka-8) deputing Inspector-Raj Pal Singh (PW 5) to lay a trap. It was disclosed in the petition itself that on 14.12.1983 the appellant accused would be coming to the bus stand Kharkhauda to receive the aforesaid sum of Rs. 100/- as illegal gratification. Inspector Raj Pal Singh (PW 5) in compliance to the direction given by the In-charge of the Unit, recorded the statement of the complainant Ram Chandra (Ext. Ka-9) before starting the other formalities and obtained his signature thereon. The complainant had brought one currency note of Rs. 100/-, which the Inspector received from him and after applying phenolphthalein powder quoting thereto and doing other formalities, washed his and the complainant's hand and the solution was got sealed. He also put up his small signature on that currency note and thereafter he returned it to the Ram Chandra instructing him to hand over this note only to the accused as and when demand by him at the bus station. He also prepared a memo of the aforesaid formalities in Ext. Ka-10 and obtained signature of Ram Chandra thereon. The Inspector Raj Pal Singh (PW 5) along with followers and Sub-Inspector Ram Autar proceeded for Kharkhauda and stopped his Jeep nearby the Kharkhauda Police Station and took the witnesses Satya Veer Singh (PW 2) and one Jaipal with him. Therefrom they proceeded for Kharkhauda bus station at about 11.30 a.m. They reached near a tea stall at the bus station. The Pradhan of the village of complainant Hari Kishan (PW 1) was also with them. While the Inspector Raj Pal Singh along with others was standing at a distance of 5 paces from the complainant and Pradhan at the bus station, the appellant Data Ram was seen approaching the bus station. The Pradhan and the accused exchanged their respects with each other and it is alleged that Data Ram asked the Pradhan Hari Kishan as to why others but PW 3 the Complainant, have not come. The Pradhan replied that the others are coming soon and he can reasonably deal first with Ram Chandra. PW 3 Ram Chandra told the accused Data Ram that he could with great difficulty arrange the sum of Rs. 100/- to fulfill his demand and measurement of his land should be done. The appellant Data Ram replied that he had demanded the sum only for that purpose and that the demanded payment when made why he would not do the measurement. Thereafter the complainant took up the currency note of Rs. 100/- and handed it over to Data Ram, which he took by his right hand and then kissed it. PW 5 Inspector Raj Pal Singh along with his followers etc, immediately apprehended him and recovered the said currency note from him. After this recovery he did all the formalities required for the purpose and after comparing the number of the currency note with the number noted in the memo Ext. Ka-10, he further ascertained that it was the same currency note, which was earlier marked by him by putting his signature thereon and returned to the complainant for giving it as gratification to the accused. He got all the materials viz. the currency note, hand wash solutions etc. sealed and prepared its memo (Ext. Ka-11) on the spot.;