- (1.) This is an appeal against the judgment and order dated 31-1-1984 passed by Sri P. N. Lal, the then Special Judge, Muzaffarnagar in Special Case No. 1 of 1981 State v. Ram Dubar Yadav, whereby he convicted the accused-appellant of the offences under Section 5(1) (a andb) read with sub-section (2) of the Prevention of Corruption Act and under Section 151, I.P.C. and sentenced him to undergo R.I. for a period of 1 year and to pay a fine of Rs. 500.00 and in default of payment of fine to undergo further R.I. for the period of 3 months for the offence under Section 5(1)(a) and(b)) read with sub-section (2) of the Prevention of Corruption Act 1947 and sentenced him to undergo R.I. for a period of 6 months for the offence under Section 161, I.P.C. Both the substantive sentences were directed to run concurrently.
(2.) The accused-appellant was a meter reader in the U.P. State Electricity Board Distribution Division II, Muzaffarnagar and entrusted with the duty of recording the reading of consumption in the meter of the consumers in the area which included Rasoolpur Jatan where there was electric connection of light and domestic power in the name of Satyapal, real brother of Harpal Singh complainant of the present case.
(3.) The prosecution story as disclosed in the complaint of the complainant Har Pal Singh P. W. 3 and the F. I. R. lodged by the Vigilance Departments trap inspector Ratan Singh P.W. 1 was as follows : Ram Dubar Yadav, accused-appellant demanded Rs. 50.00 as illegal gratification from the complainant Har Pal Singh P. W. 3 for reversing the electric metre and thereby reducing the reading of consumption of electricity and on this the complainant approached the Collector. Muzaffarnagar on 21-5-1979 making these allegations and praying that such a corrupt official be caught red handed, whereupon, the Additional Collector, Muzaffar Nagar recorded an order on the complaint for the vigilance inspector to lay a trap and do the needful and taking the same the complainant Har Pal Singh approached Sri Ratan Singh P.W. 1 Trap Inspector Muzaffarnagar in his office at 11.00 A.M. The trap inspector conversed with the complainant in the course of which, he repeated the allegations contained in his complaint. The complainant produced currency note of Rs. 50.00 bearing No. 3C.G. 321592 before him in the presence of Satyapal Baliyan P.W. 2 which he had brought for being tendered to the accused-appellant by way of bride. The trap inspector put his initial on this currency note, smeared it with phenolphthalein powder and explaining its importance, returned it to the complainant with an instruction to tender it to the accused-appellant, in case bribe is demanded from him. He prepared a memo about these proceedings and obtained on it the attestation of witness Satyapal Baliyan P..W. 2. Then the trap Inspector procured Jagpal Singh the head constable and Mohd. Faiyaz of out post civil lines, police station Kotwali from the collectorate compound and making a scheme of trap sent the complainant to find out the presence of the accused-appellant. In a few minutes the complainant came back and told him that the accused-appellant has rushed into the tea shop of Amrit Kumar Jain, whereupon, the trap inspector sent the complainant into the tea shop and followed him along with Jagpal Singh head constable and Mohd. Faiyaz constable, entered into the shop and sat inside the shop on chairs lying in the shop near the table where the complainant and the accused-appellant were sitting on chairs. The trap inspector called upon the shop keeper to bring tea for them. In the meantime, the complainant said to the accused-appellant, "BABU JI MAIN APKEY MANGEY HUYE PACHAS RUPYE LEY AYA HUN. AAP APNEY WAYDA ANUSAR MERI METRE READING PICHEY HATA DEN, TAKI BILL KAM BANEY", whereupon, the accused-appellant told him "TUM HAMAREY TAY KIYE HUYE PACHAS RUPYE DO. MAIN TUMHARI METRE READING ITNI KAM KAR DUNGA KI KAM SE KAM BILL MEN TLEN SAU PACHAS RUPYE KAM HO JAYE AUR TUMHEY FAIDA HO JAYE". On this, the complainant tendered a currency note of the denomination of Rs. 50.00 to the accused-appellant which the accused-appellant accepted in his right hand. Hearing this conversation and seeing this, the trap inspector caught the accused-appellant at the spot red-handed. It was 12.00 noon. The trap inspector disclosed his identity and asked the name and address of the accused-appellant which he consequently gave. The trap inspector took a search of the person of the accused-appellant and recovered from him a currency note of denomination of Rs.50.00 from his right hand which on comparison was found to be bearing the same distinctive number as he had recorded in the aforementioned memo and also took into custody same, cash from his right Bellbottom pocket, a ball pen and also took into custody his cycle and a leather bag on the carrier thereof containing a diary, a note book of the hydel department, bearing his name, a register containing reading of electrical consumption and certain other documents. He then washed the hands of the accused-appellant and the complainant in sodium corbonate solution prepared in two different glasses. The colour of solution in each glass turned pink. He then sealed the said solutions in two separate phials. He sealed the recovered currency note in a separate envelop and took the attestation of the witnesses aforesaid. The prepared memo about the arrest and recovery and another memo about the cycle etc. He then took the accused-appellant and the seized properties to police station Kotwali and lodged a written FIR on the same day at 2.20 P.M. and on which basis a chik report was prepared by the clerk constable and a case was registered under Section 161 IPC and Section 5 (1) (a) and(b) of the Prevention of Corruption Act, 1947.;