SATYENDRA KUMAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has been convicted under Section 161 I.P.C. and Section 5 (2)/5 (i) (d) of the Prevention of Corruption Act and sentence to rigorous imprisonment for 18 months and a fine of Rs. 1500/- by a judgment dated 25.7.1995 passed in Special Case No. 03 of 1988 by the learned Special Judge, Vigilance, North Bihar at Patna.

(2.) THE prosecution case is that the complainant P.W.-8 filed a written report before the Vigilance Department stating therein that the appellant who happened to be Labour Inspector had demanded bribe of Rs. 500/- for disposing of a case in his favour. THE bribe money was negotiated and finally it was agreed that a sum of Rs. 250/- would be paid to the appellant as illegal gratification. On this information the Vigilance Department constituted a trap party and, therefore, on 14.3.1988 at about 12.30 p.m. allegedly the petitioner was arrested having accepted illegal gratification of Rs. 150/- which he had kept on his table and the same was recovered from there.

(3.) IN the result, the appeal is allowed and the order of conviction and sentence passed against the appellant by a judgment dated 25.7.1995 passed in Special Case No. 03 of 1988 by the learned Special Judge, Vigilance, North Bihar at Patna are hereby set aside and he is acquitted of the respective charges. The appellant is discharged from the liabilities of their respective bail bonds.