- (1.) THIS is an appeal by the accused Parmeshwar Dayal against the order of the special Judge, Jaipur City, dated 10th November, 1961, convicting him under section 161, Indian Penal Code and Section 5 (2), Prevention of Corruption Act, 1947. and sentencing Slim to three months rigorous imprisonment and a fine of rs. 100/- under both the counts, and, in default one month's further rigorous imprisonment.
(2.) THE prosecution case was that in January, 1960, the accused-appellant parmeshwar Dayal was in the service of the Northern Railway, discharging his duties as a Time Keeper in the Office of the Permanent Way Inspector, Suratgarh. One Bhagwan Singh, who was working in Gang No. 1, Srivijay Nagar, wanted transfer from that gang and he, therefore, applied to the Permanent Way inspector, Suratgarh, for his transfer. In connection with that application, parmeshwar Dayal wanted a bribe of Rs. 40/- from Bhagwan Singh. Bhagwan singh (PW/2) contacted Mool Singh Gosani, (PW/13) Railway Sectional Officer in this connection. Deputy Superintendent Police Shri Upadhaya was approached by the Railway Authorities and a trap was arranged. The Deputy Superintendent after receiving an application Ex. P. 3 along with four currency notes of Rs. 10/- each from Bhagwan Singh prepared a memo Ex. P. 4 and noted the numbers of the currency notes and returned them to Bhagwan Singh for being given to the accused on demand of illegal gratification. The Deputy Superintendent sent Ram la ). (PW/3) Motbir with Bhagwan Singh and asked him to watch the payment of bribe and give him a signal by putting his hand on his head. On 9-4-1960 at about 10. 30 A. M. Bhagwan Singh found the accused alone in his office and on his demand gave Rs. 40/- to him. The accused after counting them put them in his bush-shirt pocket, Article 1. The accused took out the application Ex. P. 2 from his drawer and on it wrote the endorsement Ex. P. 2/a "i have no objection" and affixed the seal of the Permanent Way Inspector. The Deputy Superintendent police on receiving the signal went inside the office of the accused accompanied by two Motbirs Ram Lal (PW/3) and Jamal Singh (PW/4 ). The accused got confused and on demand by the Deputy Superintendent Police, gave the currency notes articles 2 to 5 after taking them out of the pocket of his bush-shirt. They were seized by memo Ex. P. 6. The application Ex. P. 2 along with two other transfer applications were also seized under memo Ex. P. 13. After investigation, the papers were placed before Shri Suresh Chandar (PW/11) Divisional Engineer Northern railway, a, senior scale officer, who accorded sanction for the prosecution of the accused-appellant and, consequently, the accused was challaned in the court, of the Special Judge, Jaipur. City.
(3.) THE prosecution examined 15 witnesses in support of its case and relied upon a number of documents.;