TIRTHA NATH DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.Choudhury, learned senior counsel, assisted by Mr. D. Talukdar and Mr. N. Ahmed, learned counsel appearing for the appellant. Also heard Mr. K. Monir, learned PP, Assam.

(2.) This criminal appeal has been directed against the judgment and order dated 26.11.1996 passed by the learned Special Judge, Assam in Special Case No. 25(A) of 1990 convicting the appellant under section 7 of the Prevention of Corruption Act, 1988 (for short the 'Act') and consequently sentencing him to undergo simple imprisonment for six months and to pay fine of Rs. 500 only, in default of payment of fine to further imprisonment for ten days.

(3.) The brief facts of the prosecution case are that the appellant while working as Record Assistant in the record room in the establishment of Deputy Commissioner, Barpeta, on 13.2.1989, P.W. 2, Abhay Kumar Bothra and P.W. 3, Ganesh Ch. Das went to the record room to make a request to the appellant to send the case records to the court. The appellant demanded a bribe of Rs. 100 from them to concede to their request. Both of them reported the matter to the then Deputy Commissioner, Barpeta who directed to lay a trap and accordingly one Executive Magistrate alongwith a Police Officer were deputed with one hundred rupee note duly initialed by the Deputy Commissioner himself to offer the same to the appellant by the P.W.2. When the accused accepted the said note of hundred rupee on being offered by P.W.2, the Executive Magistrate and Police Officer caught hold the appellant and seized the hundred rupee note so bribed. An FIR was lodged against the appellant and investigation was started. On completion of the investigation, the charge-sheet was submitted against the appellant under Section 7 of the Act.