A.N. Dikshita, J. - (1.) This is an appeal against the judgment and order dated 18.12.78, passed by Shri P.K. Agarwal, Special Judge, Anti Corruption UP. (East), Dehradun, convicting the appellant Mohd Shafi Ullah Ansari under section 161 I.P.C. and section 5(1) read with section 5(2) of the Prevention of Corruption Act and sentencing him one years RI. and a fine of Rs. 100/- respectively and in default of payment of fine to one months RI. The sentences were ordered to run concurrently.
(2.) The prosecution case, in brief, was as follows: The appellant was posted as Ticket Collector at Modinagar railway station in November 1976. Ashok Arora, P.W. 3 (hereinafter referred to as the complainant) was carrying on general merchandise business at Modinagar. It appears that he used to bring his business material from Delhi through rail. Detecting these materials to be in excess of the quantity allowed under the rules the appellant wanted the complainant to pay illegal gratification for such excess goods on regular basis. The complainant made an application Ex. Ka 5 to the Superintendent of Police, C.B.I., Dehradun for action against the appellant. A trap was laid and the appellant was caught by the trap party while accepting the bribe. Thereupon a first information report was lodged against the appellant.
(3.) The appellant pleaded not guilty and contended that he had been falsely implicated in the case due to enmity with the complainant.;