IN RE: TUSHAR KANTI CHAKRABORTY Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 8th December, 2004 and 10th December, 2004 passed by the learned Judge, 2nd Special Court, Hooghly in Special Court Case No.4 of 1998 whereby convicting the appellant for committing offence punishable under Section 13 (1) (a) of the Prevention of Corruption Act, 1988 and sentencing him to suffer rigorous imprisonment for two years and to pay a fine of Rs.5,000/- (Rupees five thousand), in default, to suffer rigorous imprisonment for a further period of three months.

(2.) A short reference to the factual aspect of the prosecution case in the Trial Court is required to be given. Shri Ajoy Kr. Nand, the S.D.P.O., Arambag upon receiving several complaints against the appellant who was posted as the Sub Registrar, Goghat Registry Office, at the relevant point of time, that he was in a habit of taking illegal gratification, arranged for a trap. Accordingly, on 8th December, 1998, he called on Shri R. N. Halder, Officer-in-charge, Goghat Police Station and Shri N. Barik, Sub Inspector of Police, Arambag Police Station to be the witnesses of search and help him in the matter of conducting the trap. Constable Ananda Santra was also called on for the purpose of giving tainted money to the appellant. According to the plan, Ananda Santra had been to the ejlash of the Sub Registrar, appellant and handed over tainted money of Rs.1,000/- (Rupees one thousand) to him. Immediately, thereafter Ajoy Nand together with his associates entered into the ejlash of the appellant, disclosed their identity and in presence of witnesses searched the appellant and his table. Mr. Nand recovered the tainted currency notes from the drawer of the table wherein the appellant is working inside his ejlash. He was arrested then and there and accordingly, an F.I.R. was lodged by Mr. Nand in Goghat Police Station and on the basis of said F.I.R., Goghat Police Station Case No.130 of 1998 dated 8th December, 1998 was started under Section 13 (1) (a) of the Prevention of Corruption Act, 1988.

(3.) The learned Trial Court framed charges under Section 409 of Indian Penal Code and Section 13 (1) (a) of the Prevention of Corruption Act, 1988 against the appellant. The appellant pleaded his innocence to the charges so framed against him by the Court and accordingly, the trial commenced.