ASHOK KUMAR SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both the appeals are arisen out of Special Criminal Case No. 01/2015 passed by Special judge (Prevention of Corruption Act), therefore, they are being decided by this common judgment.

(2.) These criminal appeals under Sec. 374 (2) of the Cr.P.C are directed against the judgment of conviction and order of sentence dtd. 13/09/2017 passed by the learned Special Judge (Prevention of Corruption Act), Surajpur (C.G.) in Special Criminal Case No. 01/2015, whereby the learned Special Judge has convicted and sentenced the appellants as under:- <FRM>JUDGEMENT_25_LAWS(CHH)5_2024_1.html</FRM>

(3.) Case of the prosecution, in brief, is that Complainant- Rampukar Yadav (PW6) submitted a written report (Ex.P/3) before Anti Corruption Bureau (henceforth 'ACB') Office, Bilaspur alleging inter-alia that the appellants, in lieu of giving 'Completion Certificate' of newly constructed building to the complainant, had demanded Rs.25,000.00 as bribe. In the complaint, the complainant has alleged that he works in the Devansi Construction Company, Ambikapur, District Surguja. The Veterinary Dispensary at Ketka, District Surajpur was constructed at a cost of five lakhs by taking a tender from the Agricultural Produce Market Board Department. The agency completed the construction of the building about 2 years ago on 25/01/2012 and handed it over to the Veterinary Department in which currently a veterinary dispensary has been opened by the Veterinary Department. The agency has received only Rs.2.50 lakhs as payment due for the construction of the building and the payment of the remaining amount of Rs.2.50 lakhs was pending for 02 years. He alleged that to settle the said bill, a certificate of completion of work and possession of the building was demanded from the State Agricultural Market, Ambikapur, therefore, the agency sent him (complainant) to Surajpur in the month of November to obtain certificate from the veterinary department. He stated then in the last week of November, he went along with Shri S.R. Jaiswal and his companion Dablu Sahu (PW1) to Surajpur and met Parihar Saheb, Deputy Director of the Veterinary Department, who said that Assistant Veterinarian Dr. A.K. Soni has been authorized for issuance of certificate therefore he said them to go and meet him. Subsequently, he met Dr. AK Soni at the Ketka Veterinary Dispensary, where appellant Dharmsai, Sand Paricharak, was also sitting. When the asked Dr. A.K. Soni to give the work completion certificate, he said that Rs.30,000.00 will be charged for giving the certificate, but the complainant said him, Rs.30,000.00 is on higher side, then the appellants told him that Rs.25,000.00 would be required. Appellant Dharmsai, who was sitting there, also told him that he will get prepared the certificate from appellant A.K. Soni, and he may collect the same from him after giving the above money. The complainant had recorded the said conversation in his mobile and made the CD of the same. It has been alleged in the complaint that thereafter he contacted D.S. Singh who told him that the certificate is complete and after giving the money he may collect the certificate as he has talked with Dr. Soni. It was alleged in the complaint by the Complainant that as he was not willing to give bribe of Rs.25,000.00 to the appellants instead he was willing to get red handed caught the appellants of taking the bribe, therefore, he reached to the Anti Corruption Bureau on 30/12/2013 and lodged the above report.