GANGA PRASAD KAUSHAL Vs. STATE OF C.G.

JUDGEMENT

(1.) Since common facts and issues are involved in these two appeals and arise out of common judgment, they are being heard and decided together by this common judgment.

(2.) The challenge in these appeals are judgment of conviction and order of sentence dtd. 30/11/2017 passed by the learned Special Judge (Prevention of Corruption Act)/4th Additional Sessions Judge, Raipur, in Special Criminal Case No.113/2016, whereby the appellant Ganga Prasad Kaushal (Cr.A. No. 1951/2017) has been convicted for the offence under Sec. 8 of the Prevention of Corruption Act, 1988 (in short, the PC Act) and sentenced to RI for four years with fine of Rs.2000.00 with default stipulation whereas, the appellant Poonam Sharma (Cr.A. No. 1882/2017) has been convicted under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the PC Act and sentenced to RI for three years with fine of Rs.2000.00 and RI for four years and fine of Rs.2000.00 respectively with default stipulations.

(3.) Brief facts of the case are that the appellant Poonam Sharma was Patwari at PH No.7, Village Oatgan, Tehsil Tilda, District Raipur, whereas, the appellant Ganga Prasad was Assistant of the said Patwari Poonam Sharma. The complainant Ishwar Paul, PW-8, purchased a piece of land bearing Khasra No. 296/3, Area 0.202 Hect. situated at village Oatgan, PH No. 7, Tehsil Tilda, District Raipur from Shivaji and Jethiya through a registered sale deed dtd. 8/6/2015. After its purchase, he approached the appellant Poonam Sharma for its Rin-Pustika in his favour and submitted his deed of title before her however, she demanded Rs.2000.00 as illegal gratification from the complainant. Since the complainant was not willing to give her illegal gratification, he made a written complaint to the Superintendent of Police, Anti-Corruption Bureau (in short, ACB), Raipur on 29/10/2015 vide Ex. P/27, in which he alleged that the appellant Poonam Sharma is demanding Rs.2000.00 as illegal gratification in lieu of preparing Rin-Pustika of his land and he does not want to give her the said money.