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1976 Supreme(Online)(All) 5

ALLAHABAD HIGH COURT
Sri R. C. Bajpai, J
State of U.P. – Appellant
Versus
Kanhaiyalal – Respondent
Appeal



To establish corruption charges, prosecutors must prove the accused's actions are directly linked to official duties, along with credible, corroborated evidence of misconduct.

Headnote:(A) Indian Penal Code - Section 161 - Prevention of Corruption Act - Section 5(2) - Acquittal of accused for accepting illegal gratification from landless persons for executing Pattas - Insufficient evidence to prove that the actions constituted official duties of the accused - Sanction for prosecution found proper; however, lack of corroborating evidence against the accused led to acquittal. (Paras 1-29)

(B) Criminal Misconduct - Definition and requirements under Prevention of Corruption Act - Distinction made between misconduct linked to official duties versus personal gain - Action not proven as misconduct related to official capacity. (Paras 13-22)

(C) Prosecution Evidence - Credibility questioned - Key witnesses were shown to have biases and the evidence didn't convincingly support the prosecution's claims of bribe acceptance. (Paras 25-28)

(D) Investigation - Procedural irregularities highlighted but tbe appeal court found no substantial prejudice to the accused regarding trial fairness. (Paras 10-14) (E) Final ruling underscored the necessity of evidence reliability and corroboration in criminal cases. (Paras 24-29)

Table of Content
1. appeal based on acquittal details and charges. (Para 1 , 2 , 3 , 4)
2. accused denied charges; prosecution argued for error conclusion. (Para 5 , 9)
3. court analyzes evidence and investigation integrity. (Para 6 , 7 , 8 , 10 , 11)
4. discussion on authorization and legal competency of prosecution. (Para 12 , 14 , 16 , 17 , 18)
5. failure to prove official duty linked to charges. (Para 19 , 20 , 21 , 22)
6. evaluating witness credibility in bribery context. (Para 23 , 24 , 25)
7. analysis leading to acquittal conclusion based on evidence. (Para 26 , 28)
8. final judgment on acquittal affirmed. (Para 29)

1. State of U.P. has come up in appeal against the judgement of Sri R. C. Bajpai, Special Judge, Farrukhabad dated 14-4-1972 acquitting Kanhaiyalal for offences under S.161, Indian Penal Code and S.5(2) of the Prevention of Corruption Act .

2. The charge against Kanhaiyalal was that while working as supervisor Kanungo at Kaimganj he, on 5-10-1970 at 9.15 P.M. at his residence, accepted illegal gratification, other than legal remuneration, amounting to Rs. 250/- from Gayadin. It was also alleged that he committed criminal misconduct in the discharge of his official duties as Government servant by accepting the aforesaid amount of Rs. 250/- as reward for getting Pattas executed in favour of Sohan Lal and Kailash Singh of village Savitapur Behripur.

3. Briefly stated the case for the prosecution was that the accused Kanhaiyalal was posted as Supervisor Kanungo in Kampil circle. Gayadin P.W. 6 was Pradhan of the Gaon Sabha of Savitapur Behripur. He was approached by certain landless persons for the allotment of surplus land to them. He told those persons that he would inform them after talking over the matter with the Kanungo. Thereafter Gayadin met Kanhaiyalal and informed him about the request of landless persons. Kanhaiya Lal asked Gayadin that he would execute the necessary Pattas in case each landless person was prepared to pay him a sum of Rs. 125/-. The landless persons told Gayadin that they were not in a position to pay that amount. Gayadin again met the accused who told him that he would not do the work unless he was paid the amount demanded by him. He also told Gayadin that if he did not arrange the amount he would get him suspended. Some time thereafter, about 10 or 12 days before 5-10-1970 Gayadin went to one Malkhan Singh and told him about the illegal demand made by the accused. Malkhan Singh asked Gayadin to find out from the accused as to when he would like to have the money so that he may get him caught. Gayadin again met Kanhaiyalal about four to six days after he had talked to Malkhan Singh. In the meantime he had a talk with some landless persons out of whom Sohan Lal and Kailash Singh gave a sum of Rs. 250/- on the understanding that steps should be taken to get the accused trapped. After collecting this money Gayadin went to the accused who asked him to come to his house next day. Gayadin then went to Malkhan Singh and told him the entire story. Malkhan Singh asked Gayadin to contact him next morning. Accordingly, Gayadin along with Sohan Lal and Kailash Singh went to Malkhan Singh's village early in the morning of 5th Oct., 1970. He also carried with him a sum of Rs. 250/- which had been paid to him by Sohan Lal and Kailash Singh. All these persons the came to Fatehgarh where Gayadin got a application (Ex. Ka - 1) addressed to the Collector Farrukhabad, scribed. In the application he mentioned about the illegal gratification demanded by the accused and requested the Collector to take necessary action. The Collector then wrote a note and directed Gayadin etc., to the Superintendent of Police. The Superintendent of Police called Sri Balbir Sing Deputy Superintendent of Police and asked him to do the needful. Sri Balbir Singh directed Gayadin to the City Magistrate who recorded his statement and noted down the numbers of the currency notes which were intended to be given to the accused as bribe. Afte







































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