Judgment

S.B. Sinha, J.—Leave granted.

2. The Appellant along with one Umrao Singh was convicted for commission of an offence purported to be under Section 12 of the Prevention of Corruption Act (for short "the Act") and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 3000/- each. On an appeal preferred thereagainst the High Court, however, reduced the sentence to six months as against the Appellant and the sentence awarded to Umrao Singh was reduced to the period already undergone.

The fact of the matter is as under:

3. One Ganeshi Lal, Inspector (PW-2) was investigating the case under Section 302/201 of the Indian Penal Code arising out the First Information Report No. 45 dated 19.2.1992 wherein one Kallu Ram resident of Village Rampura was murdered. Allegedly, Umrao Singh and his family members were suspected to be involved in the said case. The prosecution case is that on 28.5.1992 when Ganeshi Lal, Inspector was present at about 7 a.m. at his residence, the Appellant and the said Umrao Singh came to his house and offered him a sum of Rs. 10,000/- with a request that he should help them in connection therewith. Ganeshi Lal allegedly refused to accept the money stating that he was not in a position to help them but on their insistence he accepted the same in presence of Head Constables Mahabir (PW-3) and Abdul Subhan Khan (Not examined). He allegedly sealed the same in a parcel and prepared a memo on the basis of which a First Information Report was recorded by one Nathu Ram, Inspector, Police Station Narnaul. The Deputy Superintendent of Police (DSP), Headquarter thereafter came to his residence, recorded the statement of the witnesses and took into possession the said sealed parcel. Upon investigation, the Appellant with Umrao Singh were charged under Section 12 of the Act. Upon completion of the investigation, a chargesheet was filed and the Appellant and the said Umrao Singh were put on trial.

4. The case of the defence, however, was that in connection with the aforementioned murder of Kallu Ram, as some of their relatives were accused, they came to court. They were carrying more than Rs. 10,000/- with them. The complainant snatched the said amount from their hands and when threatened by them that if they would not receive back the amount, the matter would be reported to the higher-ups, the aforementioned false case was thrust upon them.

5. Mr. Uday Umesh Lalit, learned senior counsel appearing on behalf of the Appellant, took us through the evidences of the prosecution witnesses and submitted :

(i) There is a delay in lodging of the First Information Report.

(ii) The prosecution witnesses have contradicted themselves as regard mode and manner of the sealing of the parcel.

(iii) There was no reason as to why the DSP should have come to the place of occurrence at about 11.30 a.m. only i.e. after more than four and half hours.

(iv) In view of the discrepancies in the statements of the prosecution witnesses, the defence version cannot be said to be wholly improbable.

6. Mr. Rajeev Gaur Naseem, learned counsel appearing on behalf of the State, on the other hand, submitted that the delay in lodging the First Information Report cannot itself be a ground to throw away the entire prosecution case. The learned counsel submitted that prosecution case has satisfactorily been proved in view of the evidences adduced on behalf of the prosecution.

7. The prosecution in support of its case examined three witnesses. Ganeshi Lal (PW-2) is the complainant. According to him, after accepting the money, he prepared a sealed parcel bearing the seal of GLY. He further stated that the DSP, Shri Jagwant Singh (PW-4) came to his residence and recorded the statement of other witnesses and also recorded his supplementary statement. The DSP further took into possession the sealed parcel containing currency notes. In his cross-examination, he, however, could not give details about the principal suspects in