RAS BIHARI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of the Special Judge (Vigilance,) South Bihar, Patna dated 21st of February, 2000.

(2.) The sole appellant has been charged for the offence under Section 7 and Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act. The appellant has been sentenced to undergo rigorous imprisonment for one year under Section 7 of the Prevention of Corruption Act and to pay a fine of Rs. 5,000/- , in default of which to undergo further imprisonment for a period of three months. The appellant is also sentenced to undergo rigorous imprisonment for offence under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.

(3.) This is a strange case in which the informant, who is the Sub-divisional Officer and an I.A.S. Officer has taken upon himself the task of investigation of the case by preparing the seizure list and thereafter giving a written report regarding the alleged occurrence to the Police Station/Central Bureau of Investigation. In other words, it is a case where that there is no pre-trap or post-trap procedures followed in order to prove the factum of guilt.