Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Prevention of Corruption Act, 1947 (2 of 1947) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act, 1947, s.5(2) and s.161 Indian Penal Code, 18~Accused a patwari-Demanding money for supply of copies from revenue record-Defence that money received for deposit in small savings scheme-Defence version disbelievedConviction and sentence upheld. The appellant, who was a Patwari, had been demanding money for supply of copies from the revenue record to the complainant who needed them in connection with the execution of a sale deed. The bargain was settled for Rs.200. Rs. 50 were paid in advance and therefore copies were given, hut the appellant ,was to receive the balance of Rs. 150 for which the complainant had promised to pay it on the date of registration and accordingly on the date of registration it was fixed up that the appellant will he available at the tea stall near the Tehsil where this amount will be paid. The complainant brought the conduct of the appellant to the notice of the Sub-Divisional Officer who sent a complaint to the Police Station, on the basis of which first information report was lodged. As the concerned Police Officers were not available, the Sub-Divisional Officer himself laid a trap. The complainant handed over the currency notes initialled by the Sub-Divisional Officer to the appellant. On receiving a signal, the Sub-Divisional Officer and the witnesses reached there and on personal search currency notes of Rs. 150 were recovered from the person of the appellant. The appellant was prosecuted and convicted under s.5(2) of the Prevention of Corruption Act, 1947 and sentenced to rigorous imprisonment for two years and fine of Rs. 150 and also under s. 161 of the Indian Penal Code to rigorous imprisonment for one year and a fine of Rs.100. The plea of the appellant that the Government wanted to collect money from the land holders for small savings scheme and the Patwaris were instructed to collect this amount was rejected by the Special Judge. |
Judge | Hon'ble Mr. Justice G.L. Oza |
Neutral Citation | 1987 INSC 28 |
Petitioner | Tarsem Lal |
Respondent | State Of Haryana |
SCR | [1987] 2 S.C.R. 115 |
Judgement Date | 1987-01-30 |
Case Number | 208 |
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