SHEEL BHADRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 20-1- 2003 passed by the Special Judge (Prevention of Corruption Act), Rajnandgaon (CG) in Session Case No.2 of 1998 wherein the said Court has convicted the appellant for the commission of offence under Section 13(1)(d) read with Section 13 (2) of the Prevention of Corruption Act , 1988 (for short, "the Act, 1988") and sentenced him to undergo RI for three years and fine of Rs.5000/- with default stipulations.

(2.) As per version of prosecution, appellant was posted as Sub Divisional Forest Officer at Kawardha in the year 1997-1998 and complainant namely Sunderlal Pastariya was posted as Range Officer and he was subordinate to the appellant. As per version of prosecution, for signing the expenditure bill of Range Officer and for making satisfactory note of his daily register, appellant demanded Rs.20,000/- from him as illegal gratification and complaint was made by the complainant and on the basis of complaint a trap was arranged and appellant was caught in trap after taking Rs.10,000/- from complainant of 100 currency notes of Rs.100 denomination. Appellant was charge-sheeted and convicted as mentioned above.

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