LAXMAN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the impugned judgment of conviction and order of sentence dtd. 11/5/2001 passed by learned First Additional Sessions Judge, Raipur, District Korba (Special Judge, Prevention of Corruption Act) in Special Criminal Case No. 45/91 whereby and whereunder, learned First Additional Sessions Judge convicted the appellant under Sec. 161 of the IPC and Sec. 5(1) (d) read with Sec. 5 (2) of Prevention of Corruption Act and sentenced him to undergo R.I. for 1 year and fine of Rs.1,000.00 and R.I. for one year and file of Rs.1,000.00 with default stipulation, respectively.

(2.) As per the prosecution case, complainant Shyam Lal lodged a report before the police station Jaijaipur against his nephew Bala Ram Kurmi for causing the damage to his house. It is further said that to initiate action on the report, the accused/appellant was demanding Rs.1,000.00. The complainant was asked to deposit at least Rs.500.00for which the complainant lodged the report vide Ex P-l against the appellant. After completion of investigation charge sheet was filed against the appellant for the offence punishable under Sec. 161 of IPC and Sec. 5(2)(d)/(5)(2) of Prevention of Corruption Act.

(3.) So as to hold the accused/appellant guilty, the prosecution has examined as many as 4 witnesses. Statements of the accused/appellant was also recorded under Sec. 313 of the Cr.P.C. in which he denied the charges levelled against him and pleaded innocence and false implication in the case.