P.K.LOHRA,J. - (1.) Scar of conviction for offences, involving moral turpitude, has led first appellant, public servant, and indictment for offence of criminal conspiracy has prompted the second appellant, an individual, to invoke in unison appellate jurisdiction of this Court, enshrined under section 374(2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'). The Sessions Judge, ACD Cases, Jodhpur, by impugned judgment dated 01.11.2007, indicted the first appellant for offence under Section 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, 'PC Act') and for offence under Section 120-B IPC whereas indicted second appellant for offence under Section 120-B IPC and handed down following concurrent sentences with fine of different denominations. First Appellant Bhagirath Ram: JUDGEMENT_493_LAWS(RAJ)1_2018_1.html Second Appellant Rameshwarlal: JUDGEMENT_493_LAWS(RAJ)1_2018_2.html
(2.) Succinctly stated, the prosecution story, as unfurled from FIR, is that complainant Bhawani Singh (PW11) submitted a written report Ex.P-32 before ACB Outpost, Nagaur on 18.06.2002. In the report, complainant inter-alia alleged that he is opening Primary School at his village, and therefore, for seeking its registration, he submitted a file in the office of Registrar, Cooperative Societies, Nagaur. As per report, complainant met first appellant, an employee of that office, on 18.06.2002 at 11 AM, then he demanded Rs. 4,300 for the accomplishment of work upto higher level. It further transpired from the report that first appellant warned complainant to place the file before higher authority without payment of requisite amount. The complainant, while showing his reluctance to pay illegal gratification, solicited appropriate action of trapping first appellant red-handed.
(3.) On the basis of report Ex.P/32, Inspector-Devanand (PW13) arranged trap and recovered Rs. 4,300/- from the possession of second appellant-Rameshwar. The trap proceedings followed by arrest of both the appellants, preparation of recovery memo and other relevant documents. Later on, both the appellants were released on bail.;