SARVANAND RAI, @ SARBANAND ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal appeal has been preferred by the sole appellant against the judgment of conviction and order of sentence dated 12.07.2001 passed by learned Special Judge, C.B.I,, North Bihar, Patna in Special Case No. 47 of 1988/ R.C. No. 25 A/1988 by which and where under learned Special Judge, C.B.I,, North Bihar, Patna having found the appellant guilty for the offences punishable under Section 161 of the Indian Penal Code and Section 5 (i) (d) read with Section 5(2) of Prevention of Corruption Act, 1947 convicted and sentenced him to undergo one year rigorous imprisonment for the offence punishable under Section 5 (i) (d) read with Section 5(2) of Prevention of Corruption Act, 1947 and to undergo six months rigorous imprisonment under Section 161 of the Indian Penal Code and observed that both the above stated sentences shall run concurrently.

(2.) FILTERING the unnecessary details, the prosecution case, in brief, is that P.W.4, Sri Niwas Pandit, Khalasi, I.O.W. N.E. Railway Sonepur filed a representation petition before the Divisional Personnel Officer N.E. Railway, Sonepur for his transfer to Barauni. The appellant was posted as head clerk in Personnel Department Office of D.R.M. N.E. Railway, Sonepur. In course of processing the aforesaid representation petition, the appellant demanded rupees five hundred from the P.W.4 (complainant) on 27.07.1988 for showing favour to him in the matter of his transfer from Sonepur to Barauni. P.W.4 made complain to S.P., C.B.I, Patna on 27.07.1988 in respect of the above stated illegal demand and after that S.P., C.B.I., Patna got the authenticity of the allegation verified and having completed the formalities, trap was laid by the officials of the C.B.I., Patna on 28.07.1988. The appellant was caught red handed while demanding and accepting a sum of rupees five hundred from P.W.4 in presence of witnesses and the aforesaid amount was recovered from possession of the petitioner and hands of appellant were washed in the solution of sodium carbonate which turned into pink from white. The appellant was taken to C.B.I., head quarter where recovery memo was prepared.

(3.) IN course of trial, C.B.I. examined, altogether, six prosecution witnesses and also got several documents including sanction order as Exhibit 1, representation petition of P.W.4. as Exhibit 4, the application addressed to S.P., C.B.I., Patna by P.W.4. as Exhibit 4/A exhibited.