Chhangani J. - (1.) This is an appeal by Jai Singh against the judgment of the Special Judge, Ajmer, dated 18th November, 1963, convicting him of offence under section 161 Indian Penal Code, and section 5 of the Prevention of Corruption Act, 1947, and sentencing him to one and a half years' rigorous imprisonment on each count. The sentences hive been directed to run concurrently.
(2.) The material facts on which the prosecution is founded may be briefly stated as follows : The appellant was Sub-Inspector, Police Station, Sawar in District Ajmer in December, 1961 and January, 1962. There was some dispute between Ram Prasad (P. W/1) and his brother's wife Mst. Chosar Bai in respect of the property of one Durgalal who had died issueless. Ram Prasad claimed to be an adopted son of Durgalal. Mst. Chosar Bai had been living with Durgalal during his life time and she also claimed the property of Durgalal. Initially Rain Prasad lodged a complaint against Mst. Chosar Bai in the Court of first class Magistrate, Kekri, and obtained a search warrant for the recovery of articles belonging to Durgalal from Mst. Chosar Bai. The search warrant was addressed to the Station House Officer, Police Station Sawat, and the accused-appellant got the property belonging to Durgalal recovered. On 27th December, 1961 Mst. Chosar Bai made a report before the Station House Officer, Police Station, Sawar, to the effect that Ram Prasad had broken open the lock of her houst, in village Motalao and had taken away 25 maunds of wheat. The accused-appellant on 27th of December, 1961 refused to take any action on the report on the ground that the dispute between the parties appeared to be of a civil nature. Mst. Chosar Bai had made a similar report to the Station House Officer, Police Station, Kekri. The Station House Officer, Kekri sent the report to the accused as the dispute related to his jurisdiction. The accused on receipt of that report registered a case under sections 454 and 380 Indian Penal Code against Ram Prasad and his wife Mst. Gulab ignoring his previous order refusing to take any action in the matter. The accused thereafter is alleged to have told Ram Prasad that he should pay him Rs. 200/- for not arresting his wife Mst. Gulab. Ram Prasad expressed his inability to pay the amount stating that he was a poor man. The accused insisted in his demand and eventually Ram Prasad paid Rs. 100/- to him for the purpose. The accused then arrested Ram Prasad on 3rd January, 1962 and produced him before the First Class Magistrate, Kekri, at his residence, on the 4th of January, 1962 for remand to judicial custody. An application for bail was moved on behalf of Ram Prasad. The Magistrate directed that the case would be taken up the next day in court. On 5th January, 1962 the Magistrate granted bail to Ram Prasad. The accused on that occasion showed the formal arrest of Mst. Gulab wife of Ram Prasad and produced her also before the Magistrate. She was also directed to be released on bail. After the release of Ram Prasad and his wife Mst. Gulab, the accused contacted Ram Prasad and told him that Radhey Shyam his daughter would also be arrested as she was also connected with the theft and that if Ram Prasad wanted to save her from being arrested he should pay Rs. 300/- to him. Ram Prasad reported that he had no money with him. The accused advised him to contact his brother-in-law Ram Sarup and arrange for the money. Ram Sarup was thus brought into picture. Eventually, it was agreed between Ram Sarup and the accused that the amount of Rs. 150/- would be paid to the accused on 7th January, 1962, at Kekri. Ram Sarup was not, however, willing to pay the amount. He, therefore, went to Jaipur and met Shri Panneysingh, Superintendent of Police, Anti Corruption Department. He submitted application Ex. P/5 along with 15 currency notes of Rs. 10/- each to him. Shri Panneysingh initialled the currency notes Ex. 1 to Ex. 15 and deputed Shri Motilal Dahi (P.W/6) to arrange for a trap. He asked Ram Sarup to go back to Kekri and wait there. On 7th January, 1962 at about 2 p.m. Motilal Dabi, Deputy Superintendent Police, Anti Corruption, Jaipur, reached Kekri. He gave currency notes Ex. 1 to Ex. 15 to Ram Sarup vide delivery memo Ex. 6 for being paid as bribe to the accused appellant. The accused, however, did not arrive at Kekri on 7th January, 1962. The currency notes Ex. 1 to Ex. 15 were, therefore, returned by Ram Sarup to Motilal Dabi vide memo Ex. P/7. Motilal Dabi thought that his presence at Kekri might arise some suspicion and, therefore, he left for Devli instructing Ram Sarup to inform him of the arrival of the appellant. The accused appellant arrived Kekri on 8th of January, 1962. He met Ram Sarup near the bus stand and it was agreed that the accused would come to Kekri next day with the investigation file, and that the amount of Rs. 150 would be paid to him. Ram Sarup was directed by the accused to see him at the bus stand. Ram Sarup conveyed information relating to the proposed visit of Jaisingh to Kekri on 9th January, 1962 to Motilal Dabi. Motilal Dabi accordingly reached Kekri on the night at about 2 p. m. He handed over the currency notes to Ram Sarup in the presence of inotbirs Sampatlal and Gurubuxsingh vide Ex. P-1. He told Ram Sarup that he would be waiting near the patrol pump and instructed him to give the signal after payment of bribe by lifting his Pacheora. The accused came to Kekri by bus on 9th January, 1962 at about 3 p. m. The accused and Ram Sarup then went to court compound which is near the bus stand. The accused showed the investigation file to Ram Sarup and then demanded Rs. 150/- from him. The accused and Ram Sarup then came out of the court compound and went to the hotel of one Hariram, sat down on a cot outside the hotel, and Ram Sarup ordered for tea. He then took out currency notes Ex. 1 to Ex. 15 and gave them to the accused who accepted them and placed them in the left pocket of his pant. Ram Sarup then gave a signal by raising his 'Pacheora'. Shri Motilal Dabi and members of his party who were witnessing the incident from the patrol pump reached the spot at once. Shri Dabi gave his identity as Deputy Superintendent of Police, Anti Corruption to the accused and asked him to surrender Rs. 150/- taken by him as bribe from Ram Sarup. The accused was taken by surprise. He began to shiver. He took out the currency notes Ex. 1 to Ex. 15 from the left pocket of his pant and handed them over to Shri Dabi. Seizure memo Ex. P/2 was prepared. Shri Dabi also took the investigation file of the case from the accused. He also took into his possession the pant of the accused. Investigation was carried on and record of the case having been placed before Shri Sultan Singh P. W/7, Deputy Inspector General of Police, Ajmer, he conveyed his sanction vide Ex. P. 9 for prosecuting the appellant in respect of the amount of Rs. 150/- accepted by him as illegal gratification for himself as a motive of reward for showing favour to the accused persons in the First Information Report Case No. 26 of 30-12-1961. After obtaining sanction, Motilal submitted charge sheet in the Court of the Special Judge, Ajmer. Although there was no specific sanction in respect of the payment of Rs. 100/- on earlier occasion, the Special judge framed charges in respect of the payment of bribe of Rs. 100/- as also in respect of Rs. 150/-.
(3.) The prosecution examined eight witnesses in support of its case. The accused admitted that he was Station House Officer at Sawar. He also admitted that on 27th of December, 1961 he refused to register a case on the report of Mst. Chosar Bai against Ram Prasad and Mst. Gulab. He also admitted that later on, on receipt of a report through the Station House Officer, Kekri on the same facts, he registered a case under section 454 and 380 Indian Penal Code against Ram Prasad and Mst. Gulab. He also admitted recovery of currency notes Ex. 1 to Ex. 15 for Rs. 150/- from his possession at Kekri at Hariram's hotel on 9th January, 1962 at about 3 p.m. He, however, denied his guilt. His version was that Ram Sarup had asked him to take Rs. 150/- from him to be delivered to Mohanlal of village Sadara. He declined to do so twice. Then Ram Sarup told him to deliver the notes to his brother-in-law Ram Prasad at Sawar. He took the amount from Ram Sarup for that purpose. After he took over that amount the police party arrived on the scene and recovered the amount from him. He examined himself in defence and produced four witnesses to support his version.;