HC upholds 1985 conviction of lekhpal caught taking Rs 300 bribe

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HC upholds 1985 conviction of lekhpal caught taking Rs 300 bribe

Prayagraj: The Allahabad High Court has upheld the 1985 conviction of a consolidation lekhpal who was caught red-handed accepting a bribe of Rs 300, dismissing his 41-year-old criminal appeal and directing him to surrender before the trial court within four weeks.Justice Sanjiv Kumar affirmed the conviction and one-year rigorous imprisonment awarded to former lekhpal Mahesh Chand in a corruption case dating back to 1977.The court held that the prosecution had successfully proved that he demanded and accepted illegal gratification during consolidation proceedings.The case stemmed from a land consolidation dispute in Kanpur. According to the prosecution, Virendra Singh was contesting an appeal filed by Asha Devi over the allotment of agricultural plots.

It was alleged that Mahesh Chand and kanoongo Chandra Sen demanded Rs 400 to ensure that Virendra Singh’s allotment remained unchanged.The prosecution said Virendra Singh initially paid Rs 100 to Chandra Sen and later asked his son, Jai Vijay Singh, to arrange the remaining Rs 300. Instead, Jai Vijay Singh approached the Vigilance Department, which laid a trap.During the operation, Mahesh Chand was allegedly caught accepting Rs 300 in chemically treated currency notes at a hotel near the court premises.

The tainted notes were recovered from his possession and a chemical test reportedly confirmed contact with the marked currency.Challenging the conviction, the defence argued that there were material contradictions in the prosecution’s case and pointed out that Virendra Singh, the principal complainant, was not examined during the trial. It also contended that it was improbable for a public servant to accept a bribe in a crowded public place.The state, however, maintained that the trap was conducted properly and was supported by official as well as independent witnesses. It argued that the recovery of the tainted money and testimony of the trap team proved the case beyond reasonable doubt.After examining the evidence, the high court found no inconsistency in the prosecution’s case and noted that the testimonies of vigilance officials, the public witness and Jai Vijay Singh were consistent.“Such kind of trap are laid in secrecy and the information is kept secret between the members of the raiding party and the place is arranged in such a manner that the accused would not have any apprehension of his being caught red handed,” the court observed.The court held that the trial court had correctly appreciated the evidence and rightly convicted Mahesh Chand under Section 161 of the IPC and Section 5(2) of the Prevention of Corruption Act, 1947.In its July 3 judgment, the high court dismissed the appeal, affirmed the conviction and sentence, and directed that coercive steps be taken if the appellant fails to surrender within the stipulated period.

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