GUMAN MAL LODHA,J. - (1.) THIS is an appeal against the judgment where by Govind Lal, the accused appellant, was convicted and sentenced as under: under Section 161, IPC - 3 months' SI with fine of Rs. 100/ - in default, one month's SI; under Section 5(2) read with - 1 year's SI with fine of Rs. 200/ - in Section 5(1)(d) of the Prevention default, two month's SI. of Corruption Act, 1947
(2.) BOTH the substantive sentences were ordered to run concurrently. Govindlal, the appellant, a peon employed in the court of the City Magistrate, Kota, on March 13, 1974, was charged with the offences punishable under Section 161, IPC, and 5(2) reed with Section 5(1)(d) of the Prevention of Corruption Act, 1947, for the alleged acceptance of Rs. 15/ - as gratification other than legal remuneration from one Arjun Lal Kapoor on March 13, 1974. The facts giving rise to this litigation are that, the decoy -Arjunlal was challaned by one Shop -Inspector, Kota for the offences under the Shop Act on November 7, 1973 before the City Magistrate, Kota and the process was issued for the attendance in that court for March 15, 1947. The accused prior to that date reached the decoy and informed him that if the latter paid Rs. 40/ - to Rs. 50/ - to him as illegal gratification for being used by him and the Reader of the Court, the letter would allow acquittal in the proceedings initiated by the shop Inspector in the court of the City Magistrate Kota. The decoy at that time avoided the payment and later on approached the anti -corruption department to get the accused entrapped. Then, the trap followed.
(3.) IT is not in dispute before this Court that on March 19, 1947, Rs. 15/ - were recovered from the accused -appellant and this amount was given by the decoy. On March 13, 1947, the decoy lodged complaint and presented to the Addl. S.P. (ACD) three CC notes of the denomination of Rs. 5/ - each. The Addl. S.P. initialled the said CC notes and dusted them with pheonlphthalein powder and then handed them back to the decoy for onward transmission to the accused on latter's demand. In the premises of the City Magistrate, Kota, this amount was given tot he accused -appellant, as bribe. This was witnessed by the Addl. S.P., G.P. Nag, motbirs, namely, Mahavir Singh and Abdul Hanif.;