SYED NEHAL AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant Md. Hasan Imam died during the pendency of the appeal, whereafter an Interlocutory Petition was filed for substituting his son-in-law, namely, Syed Nehal Ahmad, which was allowed by this Court by order dated 30.7.2008. The Appellant has been convicted under Section 5(2) read with 5(1)(d) of the Prevention of Corruption Act, 1947 and sentenced to R.I. for one year and also under Section 161 I.P.C. and sentenced to R.I. for one year and a fine of Rs.1000/- in default of which one month further R.I. by a judgment dated 8.6.2001 passed by the Special Judge (Vigilance), North Bihar, Patna in Special case No.19 of 1988. The case of the prosecution according to the written report filed by one Wazir Yusuf, retired upper Division Assistant of Garkha Block, Saran was that he was entitled to payment of pension from February, 1988 to May, 1988 but the Nazir refused to make payments. The Appellant, who was the Block Development Officer at that point in time, demanded a bribe of Rs.200/- for passing the bills of retirement benefits but he agreed to payment of Rs.100/-.

(2.) Since the Complainant was not ready to pay bribe, he made a Complaint before the D.I.G., Vigilance Department, Patna, after which the allegation was verified and a trap party was constituted. On 6.7.1988 when the trap party went to the official residence of the Appellant he was caught red handed accepting Rs.100/- which was allegedly bribe amount.

(3.) The defence of the Appellant was that in fact the Complainant had been advanced a sum of Rs.150/- for admission in School of the Appellant's daughter but he had not succeeded in doing so, so the Appellant demanded the return of the amount. It was the said Rs.100/- rupees which was due to him that had been repaid and recovered by the trap party.