K.S.SIDHU, J. - (1.) THE appellant, Sant Lal, has been convicted by learned Special Judge, Ajmer, and sentenced under Section 161 I.P.C. and under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947, to rigorous imprisonment for one year and a fine of Rs. 100/ -or, in default, further rigorous imprisonment for 2 months under each count. The substantive sentences of imprisonment have been ordered to run concurrently.
(2.) THE case of the prosecution, which resulted in the conviction and sentence of the appellant, as aforementioned, is that while posted as Head Constable in Police Station Sadar Kotwali, Ajmer, on 24 -8 1971 he accepted from Ram Lal P.W. a sum of Rs. 100/ - as illegal gratification for showing favour by admitting Bhanwarlal P.W. to bail. A case under Section 332 and 353 I.P.C. had been registered against Bhanwarlal and others with the police station Sadar Kotwali, Ajmer at the instance of one Vishnudatt Sharma, a Food Inspector, on August 23, 1971. The S.H Order, Police Station Sadar Kotwali, Ajmer, entrusted Santlal (hereafter called the appellant) with the investigation of the case. The appellant summoned Bhanwarlal, his brother. Om Prakash and their servants Noratan and Omji to the police station for interrogation on August 23, 1971. All of them were detained in the police station till late in the evening. Ram Lal, being father of Bhanwarlal and. Om Prakash, got worried over the matter. He went to the police station and met the appellant requesting him to admit his sons and servants to bail. The appellant kept Ram Lal waiting in the police station for a long time and eventually told him that he would release them on bail only if he was paid Rs. 300/ - by way of gratification Ram Lal left the police station telling the appellant that he would try to arrange the amount for payment to him. On August 24, 1971, Ram Lal contacted Man Singh, Deputy Superintendent of police, (A.C.D), and gave him a written complaint Lx. P. 1 complaining that the appellant had demanded a bribe of Rs. 300/ - from him as a condition for grant of bail to his sons and servants. Man Singh immediately started preparations for laying a trap and apprehending the appellant red -handed. Ram Lal gave Man Singh 10 currency notes of the denominational value of Rs. 10/ - each. Man Singh initialled these notes, noted down the number of these notes and dubbed them with phenol phethaleine powder. The said notes were returned to Ram Lal with instructions that he would give them to the appellant on his demand. Meanwhile, Man Singh had also called two Molbir witnesses, namely, Kishan Lal and Ram Swaroop, who had already arrived when the currency notes were being treated with phenol phethaleine powder Man Singh instructed Ram Lal to give the currency notes to the appellant in such a manner and circumstances so that Kishan Lal and Ram Swaroop could hear the talk, if any, between him and the appellant at the time of giving the currency notes to him.
(3.) THE prosecution story further goes that after analyzing the scheme of trap in the manner indicated above, Man Singh sent Ram Lal, so that Ram Lal could contact the appellant and pay the money to him with Kishan Lal and Ram Swaroop witnessessing the transaction, if possible. Man Singh with other police officials followed Ram Lal and party in jeep.;