DIPANKAR NATH Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) AND ORDER (Oral) - This is an appeal, under section 374(2) of the Cr.P.C., 1973 challenging the judgment and order, dated 26.12.2011, rendered by the learned Special Judge, Assam, Guwahati, in Special Case No. 8/2008, whereby, the accused/appellant was convicted under section 7 of the Prevention of Corruption Act, 1988 and was sentenced to undergo rigorous imprisonment for 3 years and 6 months and also to pay a fine of Rs. 10,000/- and in default of fine, R.I. for 1 year.

(2.) The case of the prosecution is that a complaint was filed by one Rajat Raj with the Deputy Commissioner, Tezpur, Sonitpur, on 04-07-2005, alleging that the accused-appellant, who is a Junior Telecom Officer, Tezpur BSNL Sub-Division, demanded an amount of Rs. 400/- from him for reconnection of his telephone line. The Deputy Commissioner, then, signed on the 4 (four) one hundred rupee currency notes, totaling Rs. 400/-, delivered to the complainant, Rajat Raj. At the instance of the Deputy Commissioner, a trap was laid by the Executive Magistrate, to catch the aforesaid Junior Telecom Officer, red handed. Accordingly, on 06-07-2005, at about 11.00 a.m., the aforesaid Rajat Raj delivered the said amount of Rs. 400/- to the accused-appellant at his BSNL Office and, then, he was immediately searched by the Additional Superintendent of Police, Sri Ranjan Bhuyan and the Sub-Inspector, Sri AK Dasgupta and recovered the aforesaid currency notes from his pocket. Thereafter, the FIR was lodged by one Gauri Sankar Sarma, Executive Magistrate.

(3.) On receipt of the F.I.R., the Officer-in-Charge of Tezpur Police Station registered a case, being Tezpur Police Station Case No. 536/2005, under section 7 of the Prevention of Corruption Act, 1988 (in short, 'PC Act'). The case was investigated into and on completion of investigation; charge-sheet was laid against the accused-appellant, after obtaining prosecution sanction from the General Manager, BSNL, Assam Circle, under Section 7 of the PC Act.