RAJESHWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal preferred by the solitary appellant against his conviction for the offence under sections 7 and 13 (2) read with section 13 (1) (c) of Prevention of Corruption Act, 1988 hereinafter said as Act and sentenced to undergo R.I. for two years for each of the offences. However, sentences will run concurrently as awarded by the Special Judge, C.B.I., South Bihar, Patna in Special Case No. 83 of 1992, R.C. No. 38 (A) of 1992 on 11th June, 2002.

(2.) The prosecution case, in short, is that one U.S. Sharma, proprietor of M/S U.S. Steel Industries Pvt. Ltd, Phulwarisharif, Patna P.W. 8 applied for telephone connection and after preparation of advice and deposit of money etc. as per demand notes telephone connections were installed for which the appellant, Junior Telecom Officer approached and demanded Rs. 1,000/- for each connection in addition to what has already been officially deposited, as a gratification. Since the same was not acceptable complaint, Exhibit 7, by an employee R.N. Sharma (not examined) was lodged with the S.P. C.B.I. (Not examined) after initial verification and report Ext. 6 a team of officials including independent witnesses called from the Branch of State Bank of India was arranged for trap and demonstration was made by P.W. 12 before the Team and they were instructed properly what to do. Required currency notes were also made ready after pouring phenolphthalein powder and as per pre-trap memorandum Ext 9 everything was arranged and the team proceeded and when the appellant accepted after due conversation Rs.1,000/- as agreed for installation of one connection, first he was taken into custody got from his office to C.B.I. Office, recovery, seizure and other legal other formalities as per recovery memo Ext 11 were prepared, obtaining sanction etc. charge sheet was submitted.

(3.) During trial the prosecution examined altogether 12 witnesses besides producing a good number of documentary evidence such as:-