JUDGMENT :

S. L. Talati, J.

The appellant is an Assistant Security Officer working in S.T. Corporation and he is convicted for an offence punishable under Section 161 of the Indian Penal Code and Section 5 (2) of the Prevention of Corruption Act and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 500/- in default to suffer R.I. for two months for each count, prosecution case in brief is as

2. The accused-appellant was working as Assistant Security Officer in S.T. Corporation and his duty was to check the buses for the purpose of finding out as to whether proper tickets are issued by the conductors or whether the persons are allowed to travel without tickets or whether moneys are misappropriated by the conductors and he had also to check as to whether the conductors perform their duty in the manner laid down by S.T. Corporation. These duties might as well include whether the conductors are in proper dress, they are carrying licence and so many other small details. He was in a squad where he was not expected to check all buses or he was not a person who was expected in routine to do things but he was given a particular programme and according to that programme he was expected to check only those buses on those routes he was asked by order to do so. The complainant in this particular case Chatrabhu (D.W. 1) is working as conductor and on 9-10-1981 the accused had checked the bus of this particular conductor. It was found that one passenger had not purchased the ticket in Rajkot city. The fare was 20 paise only. The passenger was fined ten times the amount meaning thereby Rs.2/- were collected from the passenger. Now the case of the complainant was that the accused demanded a sum of Rs. 250/-and told him that if that amount was given to him he would not check his bus for one year. This amount was often demanded from the complainant and ultimately the last demand was made on 27-11-1981 at about 8.00 P.M. when the accused had come to Rajkot from Dhrangadhra and ultimately the complainant agreed that the amount would be paid to the accused on the next day at 12-00 noon in Bhaktinagar Chowk. Thereafter the complainant on 28-11-1981 went in a rickshaw to A.C.B. office and lodged the complaint. He produced currency notes of Rs. 250/- which were treated with anthracene powder in presence of the two panchas who were called and all formalities which were required to lay down the trap were completed and the preliminary panchnama was drawn. Thereafter the members of the raiding party went to Bhaktinagar Chowk where the complainant and panch No. 1 were together and panch No.2 with Inspector of A.C.B. and other members of the raiding party remained at some distance. The prosecution case is that after waiting about few minutes the accused came there on a cycle. The complainant told him that he was waiting for him. At that time the complainant paid a sum of Rs. 250/- which according to the prosecution the accused accepted and the complainant told him that he should not now harass him and as soon as those words were spoken by the complainant the prosecution case is that the accused demanded money which was paid. The signal by lighting a bidi was made and the members of the raiding party with panch No. 1 rushed at the place. Thereafter in a jeep-car they all went to A.C.B. office where the accused was taken. With the help of ultra violet lamp in presence of the panchas the hands of the accused, the currency notes, the pocket of the accused were seen and blue light emanated and the currency notes were seized from the pocket of the bush-shirt of the accused and the members tallied with the numbers which were noted in the preliminary panchnama as a result final panchnama was completed at that place. Police Inspector Dave thereafter recorded certain statements and ultimately after obtaining the sanction to prosecute the accused, charge-sheet was filed in the Court of Special Judge.

3. In the court of Special Judge at Rajkot