Judgement

BOSE J. - The appellant Ramjanam Singh was prosecuted under S. 161, Penal Code, read with S. 5, Prevention of Corruption Act, 1947, for having accepted a bribe. He was acquitted by the trying Magistrate but was convicted by the High Court on an appeal against the acquittal and was sentenced to one year s rigorous imprisonment. He was given special leave to appeal by this Court.

2. The appellant was a Sub-Inspector of Police at all material times. He was in charge of the Dinapore Police Station and was investigating dacoity charges against the complainant Sitaram Dusadh (P.W.2) under Ss. 395 and 399/402, I. P. C. on relevant dates. The prosecution story is that during the course of the investigation the appellant demanded Rs. 100 for himself and Rs. 25 for his Assistant Sub-Inspector as a bribe for dropping the proceedings against the complainant whom we shall hereafter call P. W. 2. On 17-10-1951 he is said to have been offered and to have accepted the Rs. 100.

3. It will be necessary to examine the facts in detail and first we will consider those which are said to have proceeded and led up to the actual taking of the bribe.

4. There are three police investigations to bear in