G.M.LODHA, J. - (1.) MR . Purohit was at his best as he usually is with the remarkable marshalling of facts and conspicous ability, lucidity and splendid feats of legal oratory. His only regret was that there was none to challenge him. A 'walk over' could never be relished by a 'gem' amongst Advocates and is too dangerous for a just decision.
(2.) THIS is an appeal is against the judgment of the Special Criminal case No. 40 of 1974 dated March 25, 1976 of the Special Judge for A.C.B. cases Rajasthan Jaipur, by which, appellant Mahendra Singh was convicted for an offence under Section 161 IPC and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 and sentenced to undergo six months' simple imprisonment and a fine of Rs. 1000/ -, under Section 161 IPC and two years' simple imprisonment and a fine of Rs. 2,000/ - for the offence under Section 5(2) read with Section 5(1) (d) of the Prevention of Corruption Act. The prosecution case is that Mahendra Singh was an Audit Inspector, Co -operative Societies, Sangaria, District Ganganagarj, while he was working as an Audit Inspector of the Co -operative Societies, Sangaria, he approached Jagwant Singh sometime prior to the trap and got later's thumb impression on a piece of paper after writing something thereon, without disclosing to Jagwant Singh as to what that paper was on the pretext that if if Jagwant Singh needed cheap bricks and signed that paper, he would get him procured the bricks at a cheaper rate. Jagwant Singh, apprised his son of his putting the thumb impression on a piece of paper at the instance of the accused. His son Labh Singh immediately felt something had been done by the accused to cause them harm. He met the accused the next day and asked the latter what the real cause was for getting thumb impression of his father on a piece of paper. The accused told Labh Singh that the latter has stolen bricks of Sangaria Brick Co -operative Society and would lodge the report with the police to see him rounded up in that case. The accused told Labh Singh to pay Rs. 300/ - and in that case the matter would be hushed up.
(3.) LABH Singh approached the the anticorruption department at Ganganagar and took Roop Singh with him. Report Ex.P/1 was lodged to the Additional Superintendent of Police on 21 -10 -1972. The Additional Superintendent of Police planned out a trap and with a view to get the accused arrested redhanded be rushed to Sangaria. He obtained GC notes worth Rs. 300/ - from Labh Singh and dusted them with henopthalein powder after putting his initials thereon. Motbirs Rup Singh and Randhir Singh were present there at that time. The notes were handed over to the decoy for their onward transmission to the accused on demand. The party arranged a signal also. The tained notes were given to him for giving them to the accused. The motbirs were asked to serve as shadow witnesses and consequently the decoy and the motbirs were sent in advance to the accused.;