SATISH KUMAR KAJAL Vs. STATE OF GOA

JUDGEMENT

(1.) By this Appeal, the Appellant has challenged Judgment and order dtd. 21/12/2015, passed by the Court of Special Judge, Panaji, whereby, the Appellant has been found guilty of offence under Sec. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act,1988, (hereinafter referred to as the 'aforesaid Act'). For conviction under Sec. 7 of the aforesaid Act, the Appellant was sentenced to suffer imprisonment for a period of two years and to pay fine of Rs.1,00,000.00 and in default to undergo simple imprisonment for three months. For conviction under Sec. 13(1)(d) read with Sec. 13(2) of the said Act, the Appellant was sentenced to suffer imprisonment for a period of one year and to pay fine of Rs.50,000.00 and in default to undergo simple imprisonment for three months. The offences were directed to run concurrently.

(2.) The case of the prosecution was that the Appellant was caught red handed while accepting bribe from the complainant. The Appellant was working as an Assistant Director of Khadi and Village Industries Commission, at Panaji, and he was in charge of Khadi Gramodhyog Bhawan, as a Manager. In his capacity of holding the said offices, he was responsible for the repair work of the office of the Khadi Gramodhyog Bhawan and upon verification of completion of the works, he was required to disburse cheques towards payment for such repair and renovation work. The contract was awarded to the complainant in April 2006.

(3.) The complainant received part payment of Rs.1,50,000.00 in three cheques of Rs.50,000.00 each and after completion of the renovation work, he raised a final bill dtd. 27/6/2006 for Rs.2,95,600.00. Since the complainant had received the amount of Rs.1,50,000.00, he was supposed to receive the balance amount of Rs.1,45,600.00. It was the case of the complainant that when he demanded payment of the balance amount, although two cheques for payment of the said amount were ready since 30/6/2006, the Appellant was refusing to hand over the said cheques to the complainant and he demanded bribe of Rs.45,000.00 to hand over the said cheques. As the complainant was not ready to pay the bribe, the Appellant allegedly told him that he will hand over a cheque of Rs.70,000.00 to the complainant, which could be encashed and Rs.45,000.00 be given towards the bribe and only then would the second cheque be released.