Law:

Section:

Keywords: Money, Guilty, Procedure, Magistrate, Prevention, Payment, Disposed Of, Set Aside, Remand, Land, Conviction, Prosecution, Imprisonment, Case Remanded, Examination, Petition, Gratification, Illegal, Extension, Fine, Illegal Gratification, Rent, Evidence, Defence, Investigation, Grievance, Extension Of Time Result: Case remanded JUDGMENT This is an appeal against the judgment of the Special Judge-cum-Inquiry Officer, Hyderabad, convicting the appellant for an offence under section 161 read with section 5(2) of the Prevention of Corruption Act and sentencing him to undergo simple imprisonment for 6 months and pay a fine of Rs. 1,000 or in default to undergo simple imprisonment for 3 months. The appellant was posted as Assistant Engineer Agriculture Workshop at Sanghar. Abdul Karim complainant had taken a tractor on rent from the Agricultural Workshop for ploughing the land and he made the payment. The crew working on the tractor did the work slowly and, therefore, Abdul Karim complained to the appellant but no heed was paid. As the original time for which the tractor was taken on rent was expiring he approached the appellant for the extension of time whereupon the appellant demanded Rs. 400 as illegal gratification. An amount of Rs. 100 was paid and promise was made for the balance of Rs. 300 to be paid at his shop. After paying the amount of Rs. 100 the complainant went to the Anti-Corruption Police and made a complaint. His complaint was noted down in the station diary and a trap was arranged. The services of the Headmunshi and Third Class Magistrate were secured. The Circle Inspector, Anti-Corruption accom panied by the Magistrate and one mashir Muhammad Akhtar went to the shop of the complainant. The mashir remained there while others waited at some distance. After some time the appellant sent to the shop of the complainant and the amount of Rs. 300 was paid to him. The signal way given to the Magistrate and the Circle Inspector. They went to the shop and disclosed their identity to the appellant who, thereupon, threw the tainted money on the ground. The money was…

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