Mahesh Bhagwati, J. - (1.) Challenge in this appeal is to the judgment and order dated 7.12.1985 whereby the Special Judge (Prevention of Corruption Cases), Jaipur convicted the accused-appellant Naval Singh in the offences under Section 161 of I.P.C. and Section 5(1)(d) read with Section 5(2) of Prevention of Corruption Act, 1947 (hereinafter referred to as the Act of 1947) and sentenced him as under: Under Section 761 Rigorous -Imprisonment for one year. Under Section 5(1)(d) r/w Section 5(2) of Act 1947 Rigorous Imprisonment for one year and a fine of Rs. 50/-; in default of payment of fine to further suffer Rigorous Imprisonment for one month. Both the sentences were ordered to run concurrently.
(2.) The prosecution story is woven like thus: That on 30.7.1981 the complainant PW-2 Babu gave a verbal report to Dy.S.P. ACD Bharatpur stating that he was a resident of Hulasi Ka Pura, Tehsil Badi. He is an agriculturist and desired to sell some portion of the land bearing Khasra Nos. 663 and 664 situated in his village. The complainant approached with an application before Tehsildar Badi praying that he be provided the copy of the Khasra. The Tehsildar directed Halka Patwari Naval Singh to issue the copy to the complainant. He took the application dasti to the concerned Halka Patwari but Halka Patwari Naval Singh solicited for a bribe of Rs. 60/- in lieu of that. It is further alleged that prior to this incident, he had taken Patwari and the Inspector both to his field for measurement. That time also the accused Naval Singh and Inspector solicited for a bribe of 50 rupees which he paid to him. When the accused was requested to measure another field bearing Khasra No. 665, the accused again solicited for 50 rupees which he did not pay nor he got the land measured. This time also the complainant did not intent to pay the bribe amount to the accused and wanted an action to be taken against him. PW-11 Shri Mohan Singh Arya, the then Dy.S.P ACD Bharatpur recorded the verbal report of complainant Ex.P-2 and formulated a scheme for entrapping the accused Naval Singh. He co-opted two independent witnesses PW-3 Ram Kumar Sharma and PW-4 Mahesh Chand Sharma. The complainant gave four currency notes each of denomination of 10/- rupees and one currency note of 5 rupees to the Dy.S.P. who initialed them and got applied phenolphthalein powder thereupon and returned the same currency notes to the complainant for handing them over to the accused Naval Singh Halka Patwari. It is further alleged that the trap party proceeded to Badi and on getting the Signal of complainant, the trap party caught the accused Naval Singh red handed on Sarmathura-Basedi Road, who was taken to a school situated nearby where he underwent the entire process of recovery etc. when the accused was asked about the tainted currency notes, he declined to accept any bribe amount from the complainant. On search, no tainted money was found in the possession of the accused. The Dy.S.P. prepared the report whereupon the Anti Corruption Police Station registered the F.I.R. Ex.P-2 and commenced investigation.
(3.) During investigation the statements of the witnesses were recorded, site plan was prepared, the sanction to prosecute the accused Naval Singh Ex.P-1 was obtained from District Magistrate Bharatpur and after usual investigation, he was sent for trial to the Court.;