RAM KRISHNA PRASAD MAHTO Vs. STATE

JUDGEMENT

(1.) The sole appellant Ram Krishna Prasad Mahto has been convicted under Section 2161 of the Indian Penal Code, 1860 and Section 5(i)(d) read with Section 5(2) of the Prevention of Corruption Act, and has been sentenced to undergo rigorous imprisonment for a period of one year each on both the Counts with a direction that the sentences will run concurrently.

(2.) The prosecution case in short is that in the year 1983, the complainant Ram Pravesh Singh, M.E. Operation, C.E.Z. (Construction Equipment Zone), Bokaro Steel Plant/SAIL Bokaro Steel City (P.W. 12) has submitted his L.T.C. Bill in his office. He is alleged to have enquired about the progress of his bill from the appellant Ram Krishna Prasad Mahto, who was posted as Assistant Grade III in C.E.Z. (Personnel Department), Bokaro Steel Plant. The appellant told him that without spending something, he would not get his money of L.T.C. On 2.5.1984, the complainant (P.W. 12) met the appellant and enquired from him about his L.T.C. bill, who told him that his bill is for Rs. 775.00 and if he would give him Rs. 275.00 out of the aforesaid total amount, then he would see that he (the complainant) could give his bill amount, inasmuch as the appellant demanded a sum of Rs. 275.00 from the complainant as an illegal gratification. It has been stated that thereafter, the complainant reported about this matterto Shri Ravindra Kumar, Senior Vigilance Officer, Bokaro Steel Plant (P.W. 2), who suggested him to bring this fact to the notice of the Superintendent of Police, C.B.I., Ranchi, who would take legal action in this regard. The complainant (P.W. 2) thereafter submitted a written report before the S.P., C.B.I. Ranchi on 7.5.1984 about the demand of illegal gratification by the appellant. The S.P., C.B.I., Ranchi endorsed the said complaint to Shri R.K. Bhattacharya, Deputy S.P., C.B.I. (P.W. 13) to look into the matter. Sri R.K. Bhattacharya (P.W. 13) got the allegation made in the complaint verified from Sri Gautam Singh, Constable of the C.B.I., verified from Sri Gautam Singh, Constable of the C.B.I., who submitted his report on 8.5.1984. Being satisfied with the prima facie report of Sri Gautam Singh, Mr. R.K. Bhattacharya (P.W. 13) registered the present case against the appellant and organized a trap part and left for Bokaro Steel Plant for the purpose of laying the trap. The Trap Party reached Bokaro Steel City and put up in Room No. 7 of Ellora Hotel (100 rooms hostel). On the following day in the morning, the complainant (P.W. 12) and two independent witnesses went to the aforesaid room and met the raiding party. Pre-trap demonstration was conducted. The complainant (P.W. 12) produced a sum of Rs. 275.00, which was treated with phenolphthalein powder and the same was returned to him with a direction to give the same to the appellant on the demand being made by him. The independent witnesses were directed to follow the complainant (P.W. 12) and see and watch the conversation being done between the complainant (P.W. 12) and the appellant and also see the transaction of the tainted money. The trap party proceeded to the office of the appellant and reached there at about 11.45 a.m. The appellant was not found in his office. The complainant (P.W. 12), however, noticed the appellant coming from a tea shop situated nearby and met him. On seeing the complainant (P.W. 12) the appellant demanded the bridge and the complainant gave the tainted money to the appellant, who took the same from his right hand and kept it in the right pocket of his full-pants. This fact was witnessed by the independent witnesses. On the signal being given by the complainant (P.W. 12), the raiding party immediately rushed to the spot and overpowered the appellant and challenged him by disclosing their identities. The tainted money was recovered from the possession of the appellant. After the appellant was arrested, pos-trap demonstration was conducted. Solution of Sodium Carbonate was prepared and the right hand of the appellant was got washed the said solution, which turned into pick colour. The right pocket of the full-pants belonging to the appellant was also got washed with the said solution, which also turned into pink colour. The solutions were separately kept into two bottles, which were sealed and duly signed by the witnesses. Recovery memo in the form of memorandum was also prepared, which was also signed by all the witnesses, including the appellant, and one copy thereof was handed over to the appellant, who made an endorsement to that effect. Thereafter, sanction was obtained by the Investigating Office from the competent authority for the prosecution of the accused-appellant and on completion of the investigation, the charge-sheet under Section 161 of the Indian Penal Code, 1860 and Section 5(i)(d), read with Section 5(2), of the Prevention of Corruption Act was submitted against the appellant. After cognizance and usual commitment order the case was committed in the Court of Special Judge, C.B.I. Ranchi, for trial. Subsequently, the trial concluded in the result as stated above.

(3.) The appellant has pleaded not guilty and has stated that he is innocent and has been falsely implicated in this case.