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1984 Supreme(SC) 319

D.A.DESAI, RANGANATH MISRA
Khilli Ram – Appellant
Versus
State Of Rajasthan – Respondent


Judgment

RANGANATH, MISRA, J.: - This appeal by special leave seeks to assail the conviction of the appellant under S. 161 of the Indian Penal Code as also section 5(1)(d) and S. 5(2) of the Prevention of Corruption Act, 1947 (Act for short), and a consolidated sentence of two years rigorous imprisonment. Appellants conviction by the Special Judge has been upheld in appeal by the Rajasthan High Court.

2. Appellant at the relevant time was a Head Constable attached to the Bhusawar Police Station within the District of Bharatpur. Prosecution alleged that P. W. 2 Ram Swaroop had given First Information Report of two offences but appropriate investigation was not being done and charge-sheet was not being furnished to the Court. He had approached Shankar Lal, Head Constable attached to the Police Station and had, on demand, paid him some money by way of bribe to expedite submission of the charge-sheet. Shankar Lal got transferred and appellant came in his place. When contacted, appellant also demanded money. P. W. 2 thereupon informed the Anti Corruption Department about the demand and Kastoori Lal, Dy. Superintendent of Police attached to the Anti Corruption Department at Jaipur agreed t


















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