- (1.) O. P. Jain, J. The accused appellant has been convicted by the Special Judge, Farrukhabad under Section 161, IPC and Section 5 (2) of Prevention of Corruption Act and has been awarded one year rigorous imprisonment and a fine of Rs. 500 under the former section and has been further awarded imprisonment of one year and fine of Rs. 200 under the latter. In default of payment of fine four months' R I. has been imposed.
(2.) THE prosecution case, in brief, is that at the relevant time the accused appellant was posted as Cashier in the District Election Office, Fatehgarh and it was part of his duty to maintain the files relating to daily wage workers and temporary staff. Ram Singh PW 2 and Pati Ram were daily wage clerks in the said office and the accused demanded Rs. 50 from each of them for continuing their services. This demand was made a few days before the date of actual payment. On 30th November, 1979 Ram Singh and Pati Ram filed an application before the Vigilance Officer com plaining of the demand of money by the accused from them. THE Superin tendent of Police, who was the Incharge of Vigilance Cell, passed an order directing Sridhar Awasthi, Inspector of Police to lay a trap and to take further necessary action. Sridhar Awasthi met Ram Singh and Pati Ram and when he was satisfied about the truth of the allegations, he fixed 3rd December, 1979 as the date when the complainants were to meet him at Bus Stand, Fatehgarh at 9 a. m. As per the programme, Sridhar Awasthi accompanied by Police Inspector Virendra Singh and some Constables, reached Bus Stand, Fateh garh where Ram Singh and Pati Ram met them. All of them went to the office of District Homeguard Commandant and Munna Lal, Constable was deputed to bring two witnesses. After some time Munna Lal returned with Dharam Narain PW 4 and Radhey Shyam PW 3. In the presence of these two witnesses, Pati Ram and Ram Singh produced one currency note of Rs. 50 each. Numbers of the currency notes, produced by Pati Ram and Ram Singh, were noted and Sridhar Awasthi put his initials on the currency notes which were seared with phenolphthalein powder. In order to test the effectiveness of the powder the hands of Constable Munna Lal were got dipped in a solution of sodium carbonate which turned pink-red. A sample of solution was sealed in a glass bottle and the memo was prepared. It was about 12-15 a. m. when this memo was prepared. After making these preparations the raiding party, the complai nants and two witnesses reached District Election Office which is situate in a part of Collect orate' and took position around the office. At about 1. 45 p. m. Ram Singh PW 2 gave a signal and the raiding party entered the office one by one. Accused Banarsi Dass was at this seat. Ram Singh handed over two currency notes of Rs. 50 each to Banarsi Dass saying that the money demanded by him for continuing their services has been brought. Banarsi Dass took the money and wanted some thing more but Ram Singh promised to make some further payment in future. Banarsi Dass kept the money in the back pocket of his pant. As soon as the currency notes were kept by Banarsi Dass in the back pocket of his pant Sridhar Awasthi disclosed his identity and, in the presence of one Satya Prakash Dwivedi, Advocate, recovered the two currency notes from the pocket of the pant which Banarsi Dass was wearing. The number of the currency notes were compared and the initials of Sridhar Awasthi were also found on the notes which were seized and sealed in an envelop. Both the hands of Ram Singh and Banarsi Dass and the back pocket of the pant were subjected to sodium carbonate test separately and every time the solution turned light pink. The solution was sealed in a separate bottle. A sum of Rs. 130 was found in the front pocket of Banarsi Dass. He was wearing a wrist watch and gold ring. These articles were also seized. One Yadunandan Lal Goswami who is the reporter of local daily 'aaj' tried to create some obstructions in the proceedings and on his insistence, the raiding party produced accused-Banarsi Dass before the A. D. M. , Fatehgarh who heard them and said that he cannot interfere in the matter. The raiding party took into its possession a register relating to daily wage staff employed in Lok Sabha By-election, 1979.
(3.) AFTER completing the necessary formalities a First Information Report was lodged by Sridhar Awasthi and the investigation was done by PW 8, Ram Keerath Singh SHO who recorded the statements of the above persons and prepared a site plan. AFTER getting sanction a charge-sheet against the accused was filed which is Annexure Ka-12. The accused denied the charge and, according to him the currency notes were placed at his table by Ram Singh and Pati Ram which he threw away. The accused has stated that he has been falsely implicated due to enmity with Siya Ram PW 5.;