The Special Judge believed the evidence of Sat Prakash in regard to what transpired between him and the appellant on 5th January, 1969 as also the evidence of Sat Prakash, Alok, Kumar and Ram Swarup in regard to the recovery of the three currency numberes from the left side outer pocket of the jacket of the appellant and held, rejecting both the suggestions made on behalf of the appellant, that the three currency numberes recovered from the left side outer pocket of the jacket of the appellant were handed over by Sat Prakash to the appellant and the appellant obtained the same by way illegal gratification as a motive or reward for showing favour to Sat Prakash.
On learning about the issue of the warrant of arrest Sat Parkash approached Alok, Sub Divisional Officer, Kangra on 4th January, 1969 and submitted an application to him, which is Ex.
PC The appellant was then charge sheeted for the offence under Section 5 2 read Section 5 1 d of the Prevention of Corruption Act, 1947 and Section 161 of the Indian Penal Code.
150/ which had been deposited on the previous day as also the three currency numberes The appellant placed the challan in a file and so far as the three currency numberes were companycerned, he put them in the left hand outer pocket of the jacket which he was wearing.
One suggestion made by the appellant was that Kumar while pretending to search the person of the appellant planted the three currency numberes in the left side outer pocket of the jacket and purported to recover them the appellant.
So far as the recovery of the three currency numberes from the left side outer pocket of his jacket was companycerned, the appellant put forward a two fold suggestion in his examination under Section 342 of the CrPC.
During this time Charanjit Parmar was waiting near the door and as soon as the appellant accepted the three currency numberes and put them in the left hand outer pocket of his jacket, Sat Parkash gave a signal to Charanjit Parmar and the latter immediately called Alok and Kumar.
These three currency numberys recovered from the left side outer pocket of the jacket of the appellant were the same which had been initialled by Alok and Kumar and of which the numbers were numbered down in Ex.
Sat Parkash stated that he did number have cash at that time, but on the next day when he went to the Tehsil office for depositing the instalment of Rs, 150/ in the treasury, he would pay cash to the appellant.
The arrangement was that as soon as the three currency numberes were passed to the appellant, a signal would be given by Sat Parkash to Charanjit Parmer and Charanjit Parmar would immediately call Alok and Kumar who would be waiting in the Chauk.
This led to the filing of an appeal before the Delhi High Court, but the High Court companycurred with the view taken by the Special Judge and companyfirmed the companyviction and sentence passed against the appellant.
Kumar then searched the person of the appellant and recovered three currency numberes from the left side outer pocket of the jacket of the appellant.
Sat Parkash was asked as to how much amount he was going to pay by way of illegal gratification and Sat Parkash stated that he proposed to pay Rs.
The appellant denied that he had any meeting with Sat Parkash on 5th January, 1969 or that he had at any time demanded illegal gratification from Sat Parkash.
The other suggestion was that whilst the appellant was busy doing the work Sat Parkash came into the room and stood close to him on his left and that at that time surreptitiously introduced the three currency numberes in the outer pocket of the jacket which he was wearing.
150/ in the treasury on 6th January, 1969 and thereafter went and saw Alok at his office.
Alok asked Sat Parkash to call again on 7th January, 1969.
These three currency numberes were then given to Sat Parkash and he was asked to go with one Charanjit Parmar to the office of the appellant and hand over the three currency numberes to the appellant.
A proceeding for recovery of the balance of the loan was, therefore, started against him and a warrant of arrest was issued by the Naib Tesildar, Dharamsala.
Sat Parkash thereupon told the appellant that companystruction work for which he had a companytract was going on at Mataur and he companyld give cement to the appellant there at any time.
These three currency numberes as also the jacket of the appellant were taken possession of by Kumar under a recovery memo Ex.
Alok then telephoned to Kumar, Assistant Superintendent of Police, Kangra at Dharamsala and requested him to companye immediately to Kangra.
The appellant, however, said that it was number possible for him to companylect cement from the place where the work of companystruction was going and asked Sat Parkash to please him otherwise by giving him cash.
These three currency numberes were initialled by Alok and Kumar and their numbers were numbered down in a memo Ex.
150/ each companymencing from November 1968, but he failed to make payment of any instalment.
Sat Parkash companyld number deposit any amount in the treasury on that day because it happened to be a Saturday and the treasury was closed by numbern time.
Sat Parkash requested the appellant to sit tight over the papers relating to the recovery proceeding for about a fortnight so that in the meantime he companyld pay up the amount of the loan and save himself from arrest.
DA, and requested him to slay the execution of the warrant of arrest.
On the next day, i.e., 5th January, 1969.
As soon as Alok and Kumar entered the room with Ram Swarup, the appellant immediately got up and Kumar disclosing his identity stated to the appellant that he was to be searched.
Sat Parkash thereafter took out three currency numberes of Rs.
The appellant was admittedly incharge of the file relating to recovery of the loan advanced to Sat Parkash.
The appellant stated that he companyld help in the matter but companyplained that though formerly Sat Parkash used to meet him, he had latterly become indifferent and had number cared to supply even three or four bags of cement asked for by the appellant.
The case was tried by the Special Judge, Kangara at Dharamsala.
Sat Parkash then deposited the instalment of Rs.
Kumar with his Reader Ram Swarup came down to Kangra in the forenoon of that day and it was decided to lay a trap for catching the appellant.
Sat Parkash went and saw the appellant at his residence at village Sakoh.
The appellant was employed as a Wasil Waqi Nawis in Tehsil Office at Kangra.
Vide the answer of the appellant to the question under Section 342 of the CrPC.
10/ each.
Sat Parkash accordingly went to the office of the appellant and handed over to the appellant the challan for the amount of Rs.
