VIRENDRA KUMAR BHALADHARE Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment dated 4.7.2001 delivered by the Special Judge, Jabalpur in Special Case No. 2/98 whereby the appellant has been convicted for alleged offence punishable under Section 7 and 13(1 )(d) read with Section 13(2) of the Prevention of Corrup-tion Act, 1988 (hereinafter referred to as "the Act") and sentenced to R.I. for two years and fine of Rs. 2,500/-, in default of payment of fine to further undergo R.I. for six months on each count respectively. Substantive sentences have been directed to run concurrently.

(2.) The allegation against the appellant was that when he was posted as Sub-Engineer in Water Resources Department of Govt, of M.P. was given extra duty of assessment and dis-bursement of compensation to the victims of earthquake which look place in the year 1997 at Jabalpur. He demanded Rs. 1,000/- from compLalnant Babulal and Hukumsingh for pay-ment of compensation of Rs. 3,000/- to each compLalnant for their damaged kachcha houses.

(3.) In short, the facts of case are that com-pLalnant Babulal and Hukumsingh who were the brothers residing separately in their kachcha houses in Balsagar, Tripuri Ward, Jabalpur. Their houses were damaged in earthquake of 1997. Collector, Jabalpur by written directions entrusted the work of assessment of houses and disbursement of compensation up to Rs. 3,000 for each damaged house. Several teams were formed out of which one team was headed by appellant. Survey was made in the month of June, 1997 by the team headed by the appel-lant in which Babulal (PW.2) was asked to give