- (1.)THIS appeal arises from the judgment and order of the learned Special Judge, Anti Corruption, Jammu, dated 06.07.1999 passed in file No. 232/Challan by virtue of which the learned Special Judge after holding the appellant guilty under section 5(2) of the J&K Prevention of Corruption Act, 2006 and section 161 R.P.C., sentenced him to undergo one years rigorous imprisonment with a fine of Rs. 1,000/ - under section 5(2) of the J&K Prevention of Corruption Act and in the event of non payment of fine to further suffer three months simple imprisonment; and one years rigorous imprisonment under section 161 RPC as also to pay a fine of Rs. 1,000/ - and in default of payment of this fine, the appellant has been directed to further undergo three months simple imprisonment. Both the sentences have been ordered to run concurrently. By means of this appeal, the appellant has challenged this judgment.
(2.)THE facts that culminated in the prosecution of the accused/appellant exacted from record, noticed in brief, are that one Zia -Ud -Din lodged a written complaint with DIG Kashmir Range in averring therein that on 25.04.1982, when the villagers were working in their fields, they saw a police party headed by ASI Saroop Nath, accused, coming from Kanthpura to their village Pattushai. The police party had come on a complaint of one Majnu Mir son of Hamza Mir against his brother Abdul Majid Mir. The police party called Abdul Majid Mir from the field and started abusing, and also slapped him. People who had assembled there from the locality including the complainant requested the accused not to give beating to Abdul Majid without recording any statement and holding any inquiry. It is further disclosed that on this, one of the constables accompanying the accused came to the complainant, Zai -Ud -Din and told him that ASI Saroop Nath, accused, has obtained from Majnu Mir and his companion Rs. 300/ - in order to humiliate, insult and chastise Abdul Majid Mir. The complainant, however, expressed his readiness to pay Rs. 500/ - if Abdul Majid is not beaten and harassed. The constable went inside and brought the accused/appellant outside and the latter demanded Rs. 600/ -. However, on request Rs. 500/ - were accepted and Abdul Majid was let off. On this complaint, a case under F.I.R. No. 13/1985 came to be registered after verification report EXPW -VI was submitted by SI Mohd Shaffi Khan, Vigilance Organisation, Kashmir, for offence under section 5(2) of the J&K Prevention of Corruption Act, 2006 and section 161 RPC.
(3.)ON the conclusion of investigation, accused/appellant Saroop Nath was sent up for trial before the Special Judge, Anti Corruption, Srinagar and subsequently the case stood transferred to the file of Special Judge, Anti Corruption, Jammu on 16.12.1998.
The learned Trial Court, based on the evidence let in during trial, found the appellant guilty under section 5(2) of the Prevention of Corruption Act, 2006 and section 161 R.P.C., and he was sentenced accordingly.