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1995 Supreme(SC) 716

K.JAYACHANDRA REDDY, M.M.PUNCHHI
Ramesh Kumar Gupta – Appellant
Versus
State Of M. P. – Respondent


Advocates:
NIRAJ SHARMA, S.K.Gambhir, U.N.BACHHAVAT, Uma Nath Singh

JUDGMENT

K. JAYACHANDRA REDDY, J.:—The sole appellant at the relevant time was employed as a Sub-Inspector of Police and was functioning as Officer-in-charge at Pulgaon Police Station at Durg. He was tried for offences punishable under S. 5(1) (d) read with 5(2) of the Prevention of Corruption Act (Act for short ) and also under S. 161 I.P.C. for obtaining illegal gratification of Rs. 500/- from one Anandram, P.W.I. The trial Court acquitted him of the charge under Ss. 5(1) (d) read with 5(2) of the Act but convicted him under S. 161 I. P. C. and sentenced him to undergo one years R.I. with a fine of Rs. 1,000/- and in default of payment of fine to further undergo three months R. I. The appeal filed by the accused was dismissed by the High Court. Hence the present appeal.

2. The prosecution case is that P. W. I, the complainant went to the Pulgaon Police Station on 12-11-1979 along with one Tejram, the village Kotwar to lodge a report about disappearance of his wife. P. W. 1 narrated his complaint to the appellant who blamed him for beating his wife, who because of that beating must have run away. So saying he took P. W. 1 into custody and detained him in the Police Station. He how











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