MAHESH BHAGWATI, J. - (1.) CHALLENGE in this appeal is to the judgment dated June 24, 1986 whereby, the Special Judge, C.B.I. Jaipur, convicted the accused -appellant G.V. Aswani in the offences under Section 161 of IPC and Section 5(1)(d) read with Section 5(2) of Prevention of Corruption Act, 1947 (hereinafter referred to as 'Act 1947') and sentenced as under: Under Section 161 IPC: Rigorous imprisonment for two years and a fine of Rs. 100/ -; in default of payment of fine to further suffer rigorous imprisonment for one month.Under Section 5(1)(d)(2) of Act 1947: Rigorous imprisonment for two years and a fine of Rs. 100/ -; in default of payment of fine to further suffer rigorous imprisonment for one month.Substantive sentences were ordered to run concurrently.
(2.) THE prosecution version as unfolded during trial is as follows: That on 25th July, 1983 PW -1 Kanchan Pal Chouhan Proprietor of M/s. Jai Radio Television Center, Shop No. 2, Dayanand Market, Kesarganj, Ajmer, presented an application Ex.P/6 to Shri K.C. Joshi Inspector of Police, SPE/CBI, Jaipur stating therein that Shri G.V. Aswani Wireless License Inspector was soliciting for a bribe of Rs. 100/ - for not taking legal action against him and expunging remarks recorded in his shop register. Shri Aswani met him many a times between 22nd April, 1983 till date and always solicited for a bribe amount which he did not want to give. Finally, Shri Aswani agreed to accept Rs. 50/ - only. Since, the complainant did not want to grease the palms of the accused, he lodged the written report Ex.P/6, whereupon PW -8 Shri K.C. Joshi Inspector, CBI formulated a scheme for entrapping the accused -appellant and co -opted two independent witnesses PW -6 N.K. Bhargava and PW -7 R.P. Kalwal. The complainant Shri Chouhan produced currency notes of Rs. 50/ - of different denominations to Shri Joshi, who in the presence of the independent witnesses treated them with phenolphthalein powder and having initialed them returned to the complainant with the direction that he will pay these currency notes to the accused on demand and give the agreed signal. Having made all necessary preparations for laying a trap, the complainant is alleged to have given the tainted currency notes of Rs. 50/ - to the accused -appellant in his own shop, where he was nabbed red handed by the trap party. It is alleged that tainted currency notes of Rs. 50/ - were taken out of PW -6 Shri Nirmal Kumar Bhargav from the right pocket of trouser, the accused was wearing. Both the independent witnesses were asked to compare the numbers of tainted currency notes with the numbers of currency notes already recorded in the memorandum prepared by Shri Joshi. Thus, recovered tainted currency notes were found the same which were given by the complainant to the accused as illegal gratification. Shri Joshi prepared the memorandum Ex.P/7, specimen of seal Ex.P/8, site plan Ex.P/9, seized the documents as enumerated in Ex.P/7 and lodged the FIR Ex.P/26, whereupon investigation commenced.
(3.) THE Investigating Officer recorded the statements of the witnesses acquainted with the facts and circumstances of the case, seized the relevant documents and record, obtained the sanction Ex.P/21 from Senior Superintendent of Post Office, Ajmer Division, Ajmer to prosecute the accused and after usual investigation sent the accused for trial.;