P.K.Jain, J. - (1.) Heard learned Additional Government Advocate and Sri R.K. Asthana, learned counsel for the respondent.
(2.) The respondent was tried in Special Case No. 2 of 1987 for offences under Sections 161, I.P.C. and 5(2) of the Prevention of Corruption Act and acquitted by the trial Court (Vth Addl. Sessions Judge, Aligarh) by judgment and order dated 26-11-1992. It is this judgment and order of the trial Court which is being challenged in this appeal.
(3.) On 16-1-1986 an application (Ex. Ka-1) was given by Virendra Singh and Tej Pal Pal to Sri Ram Kumar Tyagi, Inspector Vigilance, district Aligarh. The said application contained endoresement of Sri D.P. Mishra, A.D.M. Aligarh regarding arranging of trap. The allegations in the complaint were that both Virendra Singh and Tej Pal had applied loan from the Bank under the free boring scheme for small land holders. When the complainants did not receive any in formation about sanction of loan for 7 months they approached Gram Sewak who told them that they will have to obtain share certificates from Lekhpal of their area. At the relevant time Ravindra Pal Singh was Lekhpal of the area of the complainants.The complainants approached Ravindra Pal Singh and asked him to prepare and issue Share certificates for which he demanded Rs. 50/- each. Both the complainants returned back after promosing the Lekhpal to pay the said amount the next day. After the said coplaint was received by Inspector Sri Ram Kumar Singh Tyagi he fixed 17-1-1986 for paying the trap. He obtained two currency notes of Rs. 50/ - each from Tej Pal and Virendra Singh and made his initials thereon and also treated them with Phenolphthalein powder. He also observed other formalities and thereafter handed over the notes to each of the complainants with instructions thai the said currency notes shall be given to Sri Ravindra Pal Singh at the time of the trap. On 17-1-1986 according to the plan the trap was arranged in the tea shop of Jayanti in Shasni town. At about 12.10 p.m. according to the plan Ravindra Pal Singh, Tej Pal and Virendra Singh reached in the tea shop. Both Tej Pal and Virendra Singh asked the accused to do thicr work and told him that they have brought the money. Thereafter the accused took out two forms from his bag and obtained thumb impressions of Tej Pal and Virendra Singh separately and thereafter demanded bribe. Both Tej Pal and Virendra Singh gave currency notes of Rs. 50/- each which were bearing initials of Inspector Sri Ram Kumar Tyagi. The accused as apprehended to the presence of the witnesses. Both the currency notes were recovered from his possession. One was recovered from the pocket of his coat and the other form his hand. The Trap Inspector thereafter completed other formalities and prepared memo Ex. Ka-3. On the dictation of Inspector Sri Rani Kumar Singh Tyagi report (Ex. Ka-4) was registered and case under Section 161, I.P.C. and 5(2) of the Prevention of Corruption Act was registered against the respondent.;