- (1.) Appellant convicted by judgment dated 22.2.89 for the offence of S. 5 (1) (d) and S.5 (2), Prevention of Corruption Act, 1947 (hereinafter referred to as 'the PC Act'), is sentenced to one year's rigorous imprisonment with fine Rs.200/-and for non-payment, three months' rigorous imprisonment, hence this appeal.
(2.) Alleged incident and sequence of events, per prosecution, as unfolded in course of trial, is that on May 13th, 1987, Chhina Ram PW 6 at 11.00 hours, presented written complaint Ex.P6 to Inspector, C.B.I. Shri Gaur PW 5, complaining that he (PW 6) doing work of handicraft, has often to go at various places Bombay, Delhi, Ahmedabad etc and, on that day, he is at Pali and has to go Ahmedabad so for that reservation he at Pali railway station reservation counter, met clerk, who first declined, but when persuaded, told of cost Rs.50/-of which Rs.38/-for ticket and Rs.12/-over and additional and the clerk, keeping the slip, has asked him to come after hour or one and half PW 6 mentioned in complaint that he does not want to pay bribe and desire that be caught red-handed. PW 5, making own endorsement on Ex.P6, instructed Sub-Inspector PW 4 to verify the demand and PW 4 doing so, informed that for providing seat in train No.251 UP for Ahmedabad, charges including reservation are Rs.38/ and asked are Rs.50/-. PW 5, making endorsement on Ex.P6, also mentioned that learnt is of one Mr. Meena sitting on reservation counter is accepting bribe from the passengers, so decided to lay the trap. Initiating proceedings, PW 5 at dak bungalow, called two persons Shri O.P.Mutha PW 1 officer SBBJ and Shri Rajendra Mohnot PW 2, an Assistant at United India Insurance and in presence of these, complainant, S.I. PW 4, constables Alam Singh and Niranjan Kumar, PW 5 taking down the numbers of the five currency notes presented by complainant in memo being prepared Ex.P1, the notes were smeared with phenolphthalein powder and purpose with other details explained to all and then giving notes to PW 6 who kept in pocket of his Kurta, PW 6 was instructed to pass these notes to reservation clerk on demand and if the clerk accepts-apart from cost Rs.12/-more-to indicate by putting his hand at head PW 2 was asked to accompany complainant and specifically instructed to remain present there and witness the passing over the amount and also to over-hear conversation memo of these proceedings is Ex.P1, drawn from 1215 hrs. to 1315 hrs. Complainant and raid party proceeded to railway station in two auto-rickshaws. According to trap memo Ex.P2, on passing over of rupees fifty as 10 x 5 from complainant to reservation clerk and seeing the signal from complainant, PW 5 and all others rushed to reservation room and at reservation counter challenged reservation clerk (appellant), whether he has just accepted bribe from Chhina Ram, for providing a seat in train to Ahmedabad and also gave introduction of members of the party the clerk initially became nervous and then started repeating that he has to return some amount to PW 3 which he could not return due to rush and disclosed own name to be Juja Ram appellant when asked about fare etc. , replied ticket charges, including Re.1/-for reservation being Rs.38/ and when asked why accepted Rs.50/-, stated that he could not return the money due to rush. His hands were washed by coloureless sodium carborate aqua solution which, turning pink, sealed in two bottles Arts. 6 and 7. Appellant asked about money taken from complainant, pointed for left side drawer, meanwhile called for station superintendent Shri Ram Kishan Sharma also reached in left hand drawer, found were above five notes (and also 10 + 2 notes rupee one coin) which tallied with numbers recorded in prepared Ex.P1 and in left hand drawer also found notes 10 +2 and a coin of Re.1/-. Inquiring about sale proceeds of the tickets, appellant pointed towards ticket tube and drawer of the table which were collected. In personal search were found Rs.10 x 2 plus 5 x 2 = Rs.30/ which tallied with entry of declaration in private cash book reservation chart Ex.P12from the register, slip Ex.P8 and issued ticket bearing No.22294 over which were written figures 44 and on back 251 UP/13/5 Ex.P7 Chhina Ram Meena, taken in possession. Chief Booking Clerk Shri Shyam Lal was asked to tally the found amount with sale proceeds the amount found was Rs.1213/-whereas sale proceeds of the duty hours of Juja Ram were Rs.1633/-and returns Rs.360/-so amount ought to have been 1273, whereas found was 1213 and if sale proceeds of this ticket Rs.38/-is included, this amount becomes Rs.1251/-, whereas ought to have possessed Rs.1273/-. Thus, was short 1273 -1251, of Rs.22/-. All these proceedings started at 1315 hrs. and completed at 1800 hrs. and memo drawn is Ex.P2, memos of impression of seal prepared one being Ex.P3 and site plan is Ex.P4. Just behind seat of appellant Juja Ram, was a tin box which disclosed to be of Yogendra Singh who called and found in box a note of Rs.50/-and also 2 x 20 plus 10 x 1 plus 5 total Rs. 55 with reservation slips and tickets etc., taken in possession as Yogendra could not, per prepared memo Ex.P5, satisfactorily explained of these. PW 5, prepared detailed report Ex.P11 and on basis of it was registered FIR Ex.P16 for the offence of S.161 IPC and S. 5 of the P.C. Act, 1947. Inspector Shri A.R.Kaushik, PW 7, in course of further investigation, obtaining various records, seized vide memos Ex.P17 to Ex.P20, recorded statements of witnesses etc. and after obtaining prosecution sanction, accorded by PW 7, charge-sheet submitted.
(3.) Appellant charged on above allegations, claimed trial.;