JUDGMENT 1. - Tails are caught and heads are left free. Anti corruption crack down on the Patwari, Chaprasi, Constable or clerk, by having stray catch of small fishes, leaving crocodiles, exhibits the 'Crocodile tears modusoperandi, Of the Anti Corruption authorities in India. Such crack downs on the lowest at the ladder, whether would eradicate corruption or provide a nuclear umbrella to high ups and to phrase of corrupts, by completing statistical requirement and thus comaflaguing the real corrupt source, is a question outside the scope of "Judicial review and is left to be discussed and debated by the legislators and policy makers of the country. Ironically or incidentally, I am again required to adjudicate fate of "Patwari". 2. An anti-corruption trap and consequent incident dated 20th December, 1969 of taking bribe of Rs. 20/- by appellant Balkishan, Patwari, in the Revenue Department of the State of Rajasthan, has given rise to this appeal before this Court. The appeal had a chequred carrer after the conviction by Special Judge, Jaipur (Anti corruption Department cases) under Section 161 I.P.C. and Section 5(1)(d) of the Prevention of corruption Act, 1947 and sentenced to rigorous imprisonment for one year and a fine, on each count and to further undergo rigorous imprisonment for two months under each count in default of payment of fine. 3. This appeal was filed at Jodhpur in 1973. On the establishment of the Bench, the appeal was transferred to this Court at Jaipur. An application was filed by Mr. R.P. Vyas, the learned counsel for the appellant praying that this appeal may be kept for hearing at Jodhpur but the same was dismissed in default as per details given in the order dated 5th August, 1980. 4. On 15th November, 1978 the appeal was heard by learned Single Judge on this court who upheld the conviction. After doing so he held that the quantum of sentence will be considered later. 5. An application was moved by the accused-appellant for recalling the order. This application was ultimately dismissed by another Judge. The accused appellant again moved an application for recalling the order dismissing the application and the same was accepted on 5th August, 1980. After doing so he held that the quantum of sentence will be considered later. 5. An application was moved by the accused-appellant for recalling the order. This application was ultimately dismissed by another Judge. The accused appellant again moved an application for recalling the order dismissing the application and the same was accepted on 5th August, 1980. It is in these circumstances that the case has now come up for hearing on merits, as by order dated 5th August, 1980, not only the application for recalling the earlier order dismissing the application has been accepted but also the order on merits dated 15th November 1978 affirming the conviction has also been recalled under Section 482 Cr. P.C. 6. The appellant Balkishan who was posted at the material time as Patwari, Halka Lohauat. Harchand, PW 4 was a land less labourer who was keen for the allotment, contacted the appellant and wanted help. The appellant told him that he could give him the Khasra number of the land available for allotment only if he would pay him Rs. 20/- as his fee. Sarpanch Malaram was approached by Harchand and complaint was filed and submitted to the Dy. S.P. (Anti corruption on December 19, 1969). Harchand tendered to Dy. S.P. Sultan Singh two currency notes of rupee 10 each and after noting down their number returned them back for giving it to the appellant, but before doing so he got the notes signed by Munsif Magistrate, Jodhpur. 7. On 20th December, 1969 in Panchayat Ghar Lohauat Harchand met Dy. S.P. Sultan Singh and also called two motbir witnesses namely Jora Ram and Kana Ram and prepared Ex. P/39. At the house of Harchand came the appellant. Harchand took him out of his house at some distance and while passing from it gave the two currency notes to appellant and simultaneously he gave the prearranged signal. On observing it Sultan Singh came and recovered two currency notes from the accused. Recovery memo P-45 was prepared and sanction was obtained from the competent authority. Then followed the trial, after investigation was completed and challan was submitted. Trial Court recorded the statements of Naib Tehsildar Ganga Singh, Harchand Dheema Ram, Jora Ram, Dhokal Ram, Malaram. SI Sugan Singh and Dy. S.P. Sultan Singh. They supported the prosecution story. Recovery memo P-45 was prepared and sanction was obtained from the competent authority. Then followed the trial, after investigation was completed and challan was submitted. Trial Court recorded the statements of Naib Tehsildar Ganga Singh, Harchand Dheema Ram, Jora Ram, Dhokal Ram, Malaram. SI Sugan Singh and Dy. S.P. Sultan Singh. They supported the prosecution story. Accused denied the charges and allegation, but admitted that he had gone to the house of Harchand on December 20, 1969 and that both of them had thereafter come out of the said house together. He also admitted signing of the Ex.P 40 and submitted that it was done under threat of the police. 8. Accused appellant examined number of witnesses in defence. The trial court held that prosecution case stands proved beyond reasonable doubt and discarded the defence and convicted the accused as mentioned above. Earlier by a detailed judgment this court confirmed the conviction but as the facts narrated above., the appeal requires fresh consideration because that order has been recalled. On a careful reading of the judgment of the trial court and the record of the case, it is obvious that the finding of the trial court are based on cogent, realiable trust worthy evidence which suffers from no infirmity and calls no interference by this court, so far as the finding about guilt of the accused on both counts is concerned. It is in these circumstances that Mr, Calla, the learned counsel for the accused fairly and frankly submitted that he would not like to argue in detail about the conviction of the accused but he prayed that the matter of sentence should be considered. For that he invited my attention to the fact that the accused was a very low paid employee, almost lowest in the ladder being a Patwari getting a meagre salary. The incident happened in 1969 and more than 10 years have passed in which the accused suffered terrible, mental and physical agony. This agony was two fold, because while on the one hand, he was suspended and removed from service, and was further rendered job-less and was on the road. He engaged counsel at Jodhpur and than at Jaipur Bench again. The appeal had a chequered career as mentioned above and the appellant had to suffer every time adverse order was passed and the petition for recalling was made. 9. He engaged counsel at Jodhpur and than at Jaipur Bench again. The appeal had a chequered career as mentioned above and the appellant had to suffer every time adverse order was passed and the petition for recalling was made. 9. In addition to the above it was also pointed out that the accused is now 60 years of age and is in a very tragic and pathetic state of affairs both financially and socially. The conviction brought stigma on his career and removal from service added insult to the injury. 10. Mr. Calla has pointed out that circumstances of the case shows that living in the remote village of Lohavat Tehsil, on assumption of the facts proved, the accused had a perverted impression that he had demanded fee for pointed out available land by allotment committee. This is not sufficient for condoning his guilt, since the court can not give any credence to such wrong perverted notion but the facts and circumstances can be considered in the matter of sentence. 11. Mr. Calla submitted that where accused persons fully conscious and having knowledge of such an act commits such offences of bribe, the matter certainly requires serious consideration and adequate punishment may be awarded to them to eradicate the corruption. However, village rustic unaware of the legal structure of the society, commits a perverted act, punishment should be not so server, because those circumstances do create some mitigating factor. 12. It was also pointed out that the amount of Rs. 20/- was too meagre and the sentence should also be commensurate with this factor in this case. 13. Mr. Khan having a very realistic approach frankly submitted that though offences of corruption normally cannot be treated leniently and require serious punishment but the many fold circumstances pointed out by Mr. Calla to make out a case of liberal approach, by the Court in the matter of sentences According to Khan ends of justice would be met if the accused is released on the sentences of imprisonment already undergone but fine should be increased from Rs. 200/- to 5,00/- on each count. 14. I have given my, thoughtful consideration to the peculiar features of this case. 200/- to 5,00/- on each count. 14. I have given my, thoughtful consideration to the peculiar features of this case. It is true that the cases of corruption are rarely brought to book but it is equally true that either by circumstances of co-incidence, may not be by a design, more often than not, it is lowest at the ladder like patwari or a clerk or a Head constable who is put in the dock, where as the high ranking officers, are rarely seen in the dock. 15. I had occasion to comment on this sad alarming state of affairs regarding criminal administration of justice of our country, in the case of Tej Singh v. State . I was constrained to observe as under : "Mr. Bafna appearing on behalf of the accused has submitted that the accused was not concerned with the employment of continuing the employment of Phool Singh and others and. therefore, the entire case is false. He also submitted that it is not possible to believe that a clerk would continue to employ a dozens of railway employees alleged and obtain bribe every month from them. It may be that in such bribe cases there are rackets and gangs operate with racket and chief Ring Master who is bound to be a very senior officer always behind the screen and the lowest at the ladder like clerk and peons, Constables, Patwaris, Chowkidars, Pointsman are made the soaps goat in such trape of Rs. 2/- to 20/- for the purposes of fulfilling the statical targets of the Anti-corruption Department. Mr. Bafna is not very wrong when he says that how it is that the anti-corruption department officers only get the tail by leaving the head and while class III and IV employees are more prosecuted rather than prosecuted for justification of work of such department, the high-ups in those departments go scot free even though they take lion's share of such bribe money. The suggestion of Mr. Bafna was that the manner in which this tow paid clerk Tej Singh was chased, again and again in spite of failure of the traps twice or thrice or and was made to drink by Phool Singh only to make him senseless and helpless un defendable and unintelligible to over come the trap, calls for serious attention of all those who want really to eradicate the corruption. It was argued that corruption starts from the top and then flows down below in the lower rank and if the alleged drunkards of the type of Tej Singh are only to be made victims of such traps, the object and purpose of the legislation would not be served. Mr. Soral was asked whether there have been any cases where high ranking officers have been caught in such traps and Mr. Soral frankly expressed his ignorance though on the ground that he has recently started discharging the responsibility of the prosecutor in this department. But he did from his knowledge's as an Advocate admit that the traps mostly are for class III and IV employees and the money involved is usually from Rs. 5/- to 50/- and the few hundred in rare cases but rarely thousands and lacs which really from the bull work of corruption in our country. It is not for this court to comment on this unhappy state of affairs as this should be a matter for concern either to the legislators or to the political philosophers of this country, as to why many a times head is left and tail is caught. It would be unsafe for this court make any comments in this respect as so far as the administration of the law in the courts is concerned. the courts are to deal with persons as and when they are put for trial irrespective of the fact whether they are head or tail and irrespective of the fact whether money or bribe involved is trial or heavy. Inspite of this detachment which the court should have above the working of the departments and priorities, it will not be possible to escape the temptation of veering that this is one of those cases which provide a glaring example of 'a trap in trap' of a low paid clerk and even his weakness and vice of drinking was exploited by Phool Singh, if not by the police to make the traps, seemingly successful without which it failed twice or thrice earlier due to reasons mentioned above." 16. Be that as it may, it is primarily the duty of the law makers, to enforce the machinery of law to create confidence that low paid persons un-resourceful as they are one not made scape goat for statistical purposes and for exhibition artificial enforcement of prohibition of corruption laws. 17. Be that as it may, it is primarily the duty of the law makers, to enforce the machinery of law to create confidence that low paid persons un-resourceful as they are one not made scape goat for statistical purposes and for exhibition artificial enforcement of prohibition of corruption laws. 17. I am impressed by submission of Mr. Calla that an old man of 60 years after remaining in the dock for more than 10 years and after suffering the punishment of going to Jail once after conviction and loosing his job, for a crime which in the facts and circumstances of the case cannot be termed as of serious or heneious nature, as he was un-aware of the legal norms and standard and demanded Rs. 20/- for searching and finding out the Khasra number of the land which is vacant; deserves liberal treatment I am equally impressed by fairness of the Government Advocate for showing liberal attitude to the lowest at the ladder, a small low paid employee, by fair concession to treat the substantive sentence under gone as sufficient to meet the end of justice. Such fairness is in consonance with the dictum that "Prosecutor should not become persecutors and assist should the court in a fair, objective and detached manner." 18. The result is that in view of the above reasons and special and peculiar circumstances, I am not inclined to go into details of the facts of the case and the evidence. The conviction of the appellant on both courts, under section 161 and so also under section 5(1) (d) and 5(2) of the prevention of Corruption Act, 1947 is maintained and up help. However, the sentence awarded by special Judge, is reduced to the imprisonment already under gone and a fine of Rs. 400/- on each count i.e. on both count separately. The appeal is partially accepted as indicated above. One months time is allowed to pay the fine and in default the appellant would undergo 4 months rigorous imprisonment on each count. He is on bail and need not surrender.Appeal partly allowed. *******