PHANI BHUSHAN GUPTA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal filed by the accused Phani Bhushan Gupta in Special Court Case No. 4 of 1963 against his conviction under Section 161, I.P.C. and also under Section 5(2) of the Prevention of Corruption Act of 1947 and concurrent sentences to undergo rigorous imprisonment for one year under each count.

(2.) THE appellant, who was working as Court Sub -Inspector No. 2 in the Sadar Criminal Courts in Agartala, was charged, firstly, under Section 161, I.P.C., that he accepted a sum of Rs. 12 on or about 9.5.1963 in the Criminal Court buildings in Agartala from one Abdul Rajak of Takarjala, Police station Bhishalgarh, as illegal gratification for doing his official act to -grant certificate of fitness to the said Abdul Rajak for standing as surety for one Boxa Ali, an accused in G.R. Case No. 226 of 1963 in the Court of the S.D.M., Sadar. Secondly, he was charged that the offence also fell under Section 5(1)(d) of the Prevention of Corruption Act of 1947 and that he was liable to be punished under Section 5(2) of the said Act.

(3.) P .W. 10 (Dy.S.P., S.B.) conducted the investigation. P.W. 2 (the S.P., S.B.) sanctioned the prosecution of the appellant. Vide Ext. P -4. So, P.W. 10 (Dy.S.P., S.B.) filed the charge -sheet after completing the investigation.