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TMI Blog1974 (3) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... o Police Station, Raman is charged with an offence under Section 5(1)(d) of the Prevention of Corruption Act. According to the prosecution, one Duta Singh had complained against Hakum Singh and others to the accused on May 24, 1968 since he was then the Station House officer of P.S. Raman within whose limits the offence is said to have taken place. While the accused recorded the report, he did not arrest the accused although they were available in the village. On the same day Smt. Dhan Kaur, the mother of Buta Singh, complained to Chand Singh, P.W. 2, the Sarpanch of the village that the police officer was not taking steps to arrest the accused in the case where her on had been attacked. P.W. 2 thereupon went to the accused's house and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the village and arrange to hand over the notes to the accused if he demanded bribe P.W. 9 himself agreed to reach the Rest House, Kot Dhakhtu, and wait there for information about the passing of the money. 3. On the above basis, in the afternoon of May 25, P.W. 3 took a jeep, met the accused and assured him that the money would be paid at the village Bangi Buldu and took him along in the jeep to that village. There were two constables, P.Ws. 5 and 6. also with them. Leaving the accused and the constables at Dharamshala, P W 3 went to meet PW 2 at the former's residence. He apprised P.W. 2 of the fact that the accused had come to the Dharamshala whereupon the money was made over to P W 3 with instructions to give it to the accuse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ards the pillow on the cot and P.W. 9 lifted the pillow, took out the pants beneath it and recovered nine currency notes of Rs. 10/- each from the left pocket therein. On further information furnished by P.W. 3, P.W. 7 was called in and he produced the tenth ten rupee made over to him to buy liquor. The numbers of the ten notes tallied with those which had been noted down in the complaint. Thereupon the accused was arrested, investigation undertaken, sanction obtained and prosecution launched. 4. The prosecution witnesses substantially established the case put forward and disproved the defence version It may be mentioned here that the accused virtually admitted that the precise notes which had been mentioned in the memorandum attached to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sbelieved by the courts below, and if we may say so, rightly. But P Ws. 5 and 6, the two police constables have di-proved the explanation of the accused under sec. 342, Cr.P.C., and as D.W. 1. We use no reason to disbelieve the evidence of these two constables, and if their testimony is true, the defence version has been disproved Counsel for the appellant commented on the non-examination of Buta Singh and his mother, Dhan Kaur, and feebly suggested that the evidence of the prosecution witnesses was discrepant He also pleaded that police witnesses in trap cases are suspect, that persons who has been prosecution witnesses more than and are stock witnesses, and that a plausible explanation had been put forward by the accused, the cumulative e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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