Mahesh Bhagwati, J. - (1.) CHALLENGE in this appeal is to the judgment dated April 21, 1986 whereby, the Special Judge, Prevention of Corruption Cases, Jaipur, convicted the accused -appellant Tej Singh in the offence under Section 5(1)(d)(2) of Prevention of Corruption Act, 1947 (hereinafter referred to as 'Act 1947') and sentenced him to rigorous imprisonment for one year and a fine of Rs. 200/ -; in default of payment of fine to further suffer rigorous imprisonment for two months.
(2.) THE prosecution case is woven like this: That there was a mosque situated in Village Roopwas District Bharatpur. PW -1 Alladin was a 'Mutwali' on this mosque. It is alleged that the trespass was committed on the 'Chabutra' of the mosque and a case with regard to the eviction of the 'Chabutra' was pending in the court of Naib Tehsildar, Roopwas where the accused -appellant was posted was to be pronounced on May 30, 1979. It is alleged that the complainant went to Tehsil Roopwas for hearing judgment. There he met the accused Tej Singh, who informed him that judgment had been dictated which was not signed by Naib Tehsildar. He further told him that Naib Tehsildar was soliciting for a bribe of Rs. 150/ - for signing on the judgment. The complainant expressed his inability to give Rs. 150/ - because of his poor economic condition. Somehow, the accused -appellant agreed to accept Rs. 50/ -. It is further alleged that the complainant did not want to give bribe to the accused -appellant, hence, he submitted a written complaint Ex.P/1 before PW -10 Uma Shanker Sharma, the then Dy.S.P., Anti Corruption Department, Bharatpur, who formulated a scheme for entrapping the appellant Tej Singh and co -opted two independent witnesses PW -2 Pramod Kumar and PW -3 Jugal Kishore. The complainant gave Rs. 50/ - currency notes of different denomination to Dy. S.P., Anti Corruption Department, who in the presence of the independent witnesses treated them with phenoptheline powder and having initialed them returned to the complainant with the direction that he shall pay these currencies notes to the accused on demand and give the agreed signal. PW -10 Shri Uma Shanker Sharma proceeded to Roop was along with the trap party and on getting agreed signal caught the appellant red -handed with marked currency notes of Rs. 50/ -. He recovered the said marked currency notes vide memo Ex.P/5, prepared site plan Ex.P/6, arrested the FIR Ex.P/14, recorded the statements of witnesses under Section 161 of Cr.P.C., obtained the sanction Ex.P/17 from District Magistrate, Bharatpur to prosecute the accused and after usual investigation sent the appellant for trial to the competent court.
(3.) IN due course, the case came up for hearing before the Special Judge, Prevention of Corruption Cases, Jaipur. The accused was indicted for the offences under Sections 161 of IPC and Section 5(1)(d)(2) of the 'Act 1947', who pleaded not guilty and claimed trial. In order to further its version, the prosecution examined as many as 11 witnesses. In his explanation under Section 313 of Cr.P.C. the accused claimed innocence and pleaded that on May 30, 1979, he was working as a Receipt - Dispatch Clerk. About 2 -2 1/2 months prior to the occurrence, the complainant Alladin along with Ganeshi Lal came to his house and asked for Rs. 100/ - loan for Ganeshi Lal. He declined to give Rs. 100/ - as he did not have that money with him. However, he assured to manage this money through his brother. The accused told the complainant that he did not know Ganeshi Lal and he shall manage Rs. 100/ - through his brother on his guarantee. Whereupon, the complainant took the guarantee of returning this money on behalf of Ganeshi Lal. The appellant examined two witnesses DW -1 Ganeshi Lal and DW -2 Dal Chand in defence. On completion of trial, the court convicted and sentenced the appellant as indicated hereinabove.;