MUKESH KUMAR BAJAJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 2-3-2001 passed by the First Additional Sessions Judge and Special Judge (Prevention of Corruption Act, 1888), Ambikpur (CG) in Session Case No. 3 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 Naib Tahsildar at Balrampur in the year 1988. One revenue case was pending before the appellant in which complainant Vinod Kumar Gupta was a party. For deciding the case the appellant demanded a sum of Rs.6000/- from the said complainant Vinod Kumar Gupta. The matter was reported to Superintendent of Police, Lok Ayukt, Bilaspur. After report a trap party was arranged and Rs.2000/- was recovered from the appellant which is alleged to have been passed on from the hands of the complainant Vinod Kumar Gupta to the appellant. The matter was reported and investigated. Appellant was charge-sheeted and convicted as mentioned above.

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