SUDHANSHU KUMAR PAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE solitary appellant was tried by the learned Special Judge, C.B.I. South Bihar, Patna in Special Case No.04 of 1992 arising out of R.C. Case No.46(A)1991 after being charged with committing offences under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'P.C.Act ').

(2.) P .W.6 Lalit Mohan Das was an unemployed graduate. He applied for a loan so as to start a poultry farm. The application (Ext -4/C) was filed before the District Industries Centre, Patna and as appears from the evidence of P.W.10 K.D.Singh, General Manager, District Industries Centre, Patna as also from the evidence of P.W.3 Surya Shekhar Prasad, Manager of the said centre, the application was processed and after interviewing the applicant, P.W.6 Lalit Mohan Das, the project report (Ext -5) was prepared by the District Industries Centre, Patna and was duly forwarded to the Central Bank of India, Yarpur Branch, Patna for favour of considering the project and sanctioning an amount of Rs.15000/ - as loan to P.W.6 so that he could self -employ himself.

(3.) 11.1991 was issued by the present appellant to P.W.6 Lalit Mohan Das informing him that his application had been received from the District Industries Centre, Patna and that P.W.6 should contact the present appellant for the purposes of processing the same or for other purposes. 4. What appears from the complaint, i.e., Ext -7 filed by Lalit Mohan Das (P.W.6) before the Superintendent of Police, Central Bureau of Investigation, Patna on 12.12.1991 is that after having been called by Ext -1 to appear before the appellant, he was lastly told that for getting payment of Rs.10,000/ - as the first instalment, he had to pay an amount of Rs.500/ - as bribe and for the remaining part of first instalment of Rs.15000/ -, i.e., Rs.5000/ -, the complainant P.W.6 would have to cough up an amount of Rs.1,000/ -. It was complained by P.W.6 that he was very clearly told by the present appellant that if he had failed in making payment of the bribe amount of Rs.1500/ -, his name was to be deleted from the list of targeted -people and further, if he was desirous of getting the loan, then he should come with the matriculation certificate as also the training certificate in rearing chickens as also his caste certificate.