SHASHIKANT SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is directed against judgment dated 03.12.2003 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. 08/2002 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 01 year and to pay fine of Rs.500/- and RI for 04 years and to pay fine of Rs.1000/- respectively with default stipulations.

(2.) In the present case, name of the complainant is Ashwani Maheshwar (PW-6). As per the version of the prosecution, complainant Ashwani Maheshwar is the resident of village Sindhora and due to necessity of mark sheet, he had given one application to the office of the District Education Officer on 15.10.2001 and deposited fees as prescribed for said certificate. The appellant was posted as Asst. Grade-III in the office of District Education Officer, Mahasamund and he demanded Rs.500/- for issuance of certificate as illegal gratification. The matter was reported to the Superintendent of Lokayukta and after preliminary enquiry one trap party was arranged and the appellant was caught with two currency notes of 100 denomination. The matter was investigated and the appellant was charge sheeted and after completion of the trial, he was convicted as mentioned above.

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