JUDGMENT :- This is an appeal by Makhan Lal, who has been convicted by the learned Special Judge, Jhalawar, under Section 161 I.P.C. and Section 5(2) of the Prevention of Corruption Act (hereinafter to the referred to as the Act). Under Section 161, I.P.C. he has been sentenced to six months rigorous imprisonment and under Section 5(2) of the Act, he has been sentenced to six months rigorous imprisonment and a fine of Rs. 500/- or in default to further rigorous imprisonment for three months. Both the substantive sentences of imprisonment have been made concurrent. This judgment of the learned Special Judge is dated the 25th of May 1957.

2. The appellant was the Station Master and posted at Jhalawar Road Railway Station of the Western Railway since the 1st of January 1954. The case of the prosecution is that he was in the habit of demanding bribe both from those who consigned the goods from Jhalawar Railway Station or whose goods were received at the said station. One Bhanwerlali Dalai, hereinafter to be referred to as the complainant, complained to the police authorities about this and on the request of the Police authorities, the Distt. Magistrate deputed Shri. M.N. Kaul, Sub Divisional Magistrate, Jhalawar to go with the police party for the purpose of entrapping the appellant.

The party which consisted of Shri Ratan Singh. Deputy Superintendent of Police, Jhalawar, Shri M.N. Kaul, Sub Divisional Magistrate, Jhalawar, and file complainant, in the company of one Gouri Shanker, went to Jhalawar Road Railway Station in the morning of the 9th of March 1954. The complainant had produced 10 currency notes of Rs. 5/- each and four currency notes of Rs. 10/- each before Shri Kaul and their numbers had been taken down. The complainant was then asked to go to the appellant and offer the illegal gratification. Bhanwerlal went to the appellant in the company of Gouri Shanker and offered him illegal gratification demanded by the appellant but he could not find time to pass on the currency notes to the appellant up till about 6 Oclock in the evening when the Down Dehra Dun Express was to arrive at Jhalawar Road Railway Station.

Near about that time, the complainant made over the fourteen currency notes mentioned above to the appellant, who put them in the ticket tube. A signal was given by the complainant and on this, the Deputy Superintendent of Police and Mr. Kaul rushed to the soot. The appellant was asked to produce the notes which he had accepted as illegal gratification. The appellant denied having received any illegal gratification but when a threat was advanced that his person as well as the whole place would be searched, the appellant took out the fourteen currency notes in question from the ticket tube and produced them before Mr. Kaul.

3. A Recovery memo. (EX. P/8) was prepared by Mr. Kaul and the numbers of the currency notes in question were noted down therein. Those numbers tallied with the numbers of the currency notes which a little while before had been produced before Mr. Kaul by the complainant for the purpose of being passed on to the appellant. At that time also, a memo was prepared, which is Ex. P/7 on the record of the case.

4. The appellant was arrested and sanction was obtained from the Regional Traffic Superintendent, Bombay for the prosecution of the appellant. That sanction is Ex. P/1 on the record. After further investigation, the case was laid before Special Judge, Jhalawar.

5. The prosecution examined the complainant Bhanwerlal (PW. 3), Shri Outh Chand, Chief Clerk, Establishment Section Regional Traffic Superintendents office, Bombay (P.W. 1), Shri M.N. Kaul (P.W. 2), Gouri Shanker (PW. 4), Ram Prakash Asstt. Sation Master, Jhalawar Road (P.W. 5), Shri G.D. Bhargava, Inspector, Special Police Establishment, Ajmer (P.W. 6), and Shri Ratan Singh, Deputy Superintendent, Special Police Establishment, Ajmer (P.W. 7). The prosecution also exhibited a number of documents, including the sanction (Ex. P/1), the memo, of t

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