BHAWANI SHANKAR SAO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is directed against judgment dated 01.4.2003 passed by First Additional Sessions Judge/Special Judge, under the Prevention of Corruption of Act , 1988 (for short 'the Act 1988'), Raipur (Chhattisgarh) in Special Session Trial No. 08/2000 wherein the said Court convicted the appellant for commission of offence under Section 7 and 13(1)(d) read with Section 13(2) of the Act, 1988 and sentenced to undergo rigorous imprisonment for 02 years and to pay fine of Rs.2,000/- and RI for 05 years and to pay fine of Rs.5000/- respectively with default stipulations.

(2.) In the present case, name of the complainant is Kadam Das. As per the version of prosecution, said Kadam Das had filed an application before the appellant, who was posted as Naib Tahsildar at Basna, for appointment as Kotwar and the appellant demanded illegal gratification to the tune of Rs.5,000/-. Thereafter the complainant filed an application before the Superintendent of Lokayukta Raipur on 24.11.1999. One tape recorder was provided by the office of the said Superintendent and voice of the appellant was recorded in the same. A trap party was arranged and on trap it is found that the appellant received Rs.2,000/-. Thereafter the matter was reported and investigated and after completion of the trial, the said Court convicted the appellant as mentioned above.

(3.) Learned counsel for the appellant submits as under: