RAM PRASAD NAYAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 11.12.2012 passed by Special Judge (Prevention of Corruption Act, 1988) and First Additional Session Judge, Raipur (C.G.) in Special Session Trial No. 01/2007, 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 Prevention of Corruption Act, 1988 (for short "the Act, 1988") and sentenced to undergo R.I. for 1 year and fine of Rs. 5000/- and R.I. for 2 years and fine of Rs. 10,000/- respectively with further default stipulations.

(2.) As per version of the prosecution, appellant namely Ram Prasad Nayak was posted as Supervisor in the office of Chhattisgarh State Electricity Board, Raipur and one R.P. Thakur was posted as Additional Superintending Engineer in the said office. Complainant namely Mansukhlal Ambabhai Thumar was contractor and was alloted work of 15 units staff quarter at Gurur. Work was completed and partial payment was also done to the tune of Rs. 43 lakh. Bill of Rs. 16 lakh was remained to be paid, but the same was not sanctioned and it is alleged that the appellant and one R.P. Thakur demanded Rs. 60,000/- as illegal gratification for sanctioning rest of the bill amount. The matter was reported by the complainant with Anti Corruption Bureau, Raipur. After complying with all the legal formalities, one trap party was arranged. Currency note was recovered from possession of the appellant. Though, the complaint was made against Additional Superintending Engineer- R.P. Thakur by the complainant, but sanction to prosecute under Section 19 of the Act, 1988 was not granted against the said Additional Superintending Engineer. Sanction was granted against the present appellant that is why the present appellant was prosecuted. After completion of trial, the trial court convicted the appellant as mentioned above.

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