MANOJ KUMAR SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal, under Section 374(2) of the Cr.P.C., is preferred against the judgment and order, dated 31-10-2012, passed by learned Special Judge, Assam, Guwahati in Special Case No. 6 of 2011, convicting the accused-appellant, under Section 7 of the Prevention of Corruption Act,1988 (for short, 'PC Act'), and sentencing him to undergo rigorous imprisonment for three years and six months with fine of Rs.50,000/-, in default, to suffer rigorous imprisonment for six months.

(2.) I have heard Mr. R. Kalita, learned counsel appearing on behalf of accused-appellant. I have also heard Mr. BJ Dutta, learned Additional Public Prosecutor, Assam.

(3.) The prosecution case, in brief, is that Sri B. C. Phukan, who was the Project Director of DRDA, Golaghat, lodged an FIR with the Merapani police station on 25.08.2008 stating therein that he had received a secret information from Goan panchayat Secretaries under Gomariguri Development Block to the effect that internal Auditor of the office of SubDivisional Officer/accused-appellant was to receive an amount of Rs. 10,000/- as bribe from them during inspection of local fund of those Goan panchayats. He, along with police SubInspector, Ranjit Chetia of Golaghat Police Station proceeded to Gomaguri and recovered currency notes of Rs. 10,000/- from the possession of the accused-appellant, Manoj Kr. Saikia when he was caught red handed while taking illegal gratification from the GP Secretaries. On the basis of this FIR, Merapani Police Station Case No. 73/2008, under Section 7 PC Act, was registered and the case was endorsed to Deputy Superintendent of Police, Smti Gayatri Knowar, for investigation. During the course of investigation, the accused-appellant was arrested and the currency notes, which were allegedly the bribed amount, were seized. After conclusion of investigation, police submitted charge sheet against the accused-appellant, under Section 7 of the PC Act.