Law: Penal Code (XLV of 1860)

Section: S. 161

Penal Code (XLV of 1860)------   ------- S. 161-"Trap" case-Prosecution has to prove that there was conscious acceptance of money as illegal gratification by accused-Mere recovery of money from possession of accused is net enough to fix him with guilt -prosecution has also to prove beyond reasonable doubt that there could be no room or possibility for planting of currency, note-At time of search precautions should be taken by way of searching witnesses who might he expected to give evidence of clean search-Demand of illegal gratification should be proved Evidence of decoy witness must be sufficiently corroborated.   Lieutenat Hector Thomas Huntly v. Emperor A I R 1944 F C 66 ref.     JUDGMENT   This appeal is directed against an order of conviction under section 161 of the Pakistan Penal Code as passed by Mr. A. S. M. Rashid, Special Judge; Dacca Division, Dacca, against the appellant who was sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 300 in default to suffer rigorous imprisonment for three months.   According to the prosecution the appellant who was a Badar Amin in the office ofthe Revenue Circle Officer, Munshiganj in 1958, was approached by P. W. 1 Situ Molla in connection with the preparation of revised Khatian in respect of an accretion of 40 decimals of land to C. S. Plot No. 708/2033 of mouja Silai. The prosecution story is further to the effect that the appellant demanded Rs. 10 from P. W. 1 Situ Molla by way of illegal gratification for doing the needful in connection with the revised Khatian P. W. 1 reported this matter to P. W. 10 Md. Wasilul Huq the then Inspector, D. A. B. Dacca on 20-7-58. The Inspector advised P. W. 1 Situ Molla to contact him on the following day in the Dak-Bungalow if the appellant still insisted on the payment of the amount. The prosecution story further states that P. W. 1 Sitn Molla again approached the appellant in the morning with a request to get the accreted lands recorded in the khatian. On this occasion too, the appellant demanded the amount and asked Situ Molla to contact the former in the evening in the sweet-meat stall of P. W. 9 Chittaranjan with…