SATYADEO JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 5(2)/5 (1) (d) of Prevention of Corruption Act and under Section 161 I.P.C. and sentenced to a period already 1 year rigorous imprisonment and a fine of Rs. 1000/- and in default of which 3 months under the Prevention of Corruption Act and a period of 1 year for Section 161 I.P.C. by the learned Special Judge (Vigilance), Patna in Special Case No. 31 of 1987 by the judgment dated 22.5.1995.

(2.) The case of the prosecution is that the Petitioner who happened to be the Bench Clerk of the court of Assistant Consolidation Officer demanded a bribe of Rs. 50/- from the complainant P.W.4 for supply of a certified copy of a certain document. This was negotiated and brought down to Rs. 25 which was paid on 3.3.1978 to the Appellant and recovered from his possession.

(3.) During trial the prosecution examined 15 witnesses out of whom P.W.2, 6, 8 and 10 are tendered whereas P.W. 5, 6, 7, 9, 10 and 13 are members of the raiding party. P.W. 1, 3 and 13 are seizure witnesses whereas P.W. 11 and 15 are formal witnesses. P.W. 4 is the complainant and P.W. 14 is the Investigating Officer.