Farooq Masan, J. - (1.) This appeal is directed against the judgment dated 26-3-1984 passed by Special Judge for C.B.I. case for Rajasthan, Jaipur where by the learned Special Judge found the accused appellant guilty for the offence under Section 161 IPC and sentenced him to suffer rigorous imprisonment for a period of one year. The learned Special Judge also found the appellant guilty for the offence under Sec. 5(1) (d) read with Section 5 (2) P.C. Act and on this count also sentenced has been passed against the appellant for a period of 1 year RI and to pay a fine of Rs. 300/-(in default of the payment of fine, further to under go three months SI). Both the sentences were ordered to run concurrently.
(2.) Briefly stated the facts of the case are that on 23-11-1974 one Shri Badri (PW-1) lodged a report (Ex P. 1) Inspector, C.B.I., who was camping at Khetri Copper Project. In that report it was alleged that Badri was running a tea shop in Khetri Copper Project in a wooden cabin (Khokhas). Further that he had taken cabin for tea stall and put in sector No. 3 and that he was running the tea stall in partnership of Shri Madan Lal and that Shri Gopi Chand Bhargava, Senior Surveyor Copper Project, was a corrupt Officer and was always taking bribe from the people. In was further alleged in the report that he had demanded bribe when he had supplied bricks and had harassed him. Few days earlier, certain wooden cabins, which were put by other people, were removed by Shri Bhargava from Section No. 3. Two or three days prior to Diwali, he was also asked to get his Khokhas removed, which he had taken in the name of his son and had put with the permission and for that he had deposited Rs. 35/- in the company under the receipt. After this he met on 21-11-1974 with Shri Bhargava at his residence and requested him not to remove his cabin. Then Shri Bhargava demanded Rs. 200/- for allowing him to keep his cabin.
(3.) After this demand, the decoy further alleged that he requested that he was a poor man and he would not be able to pay that much amount. On this, the appellant told that the other cabine had already been removed and in the same way bis cabin would also be removed and if he wanted to keep his cabin not to be removed then he would have to pay Rs. 200/-.;