RAMESH KUMAR RAM Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present appeal was preferred against the judgment of conviction and sentence dated 04.12.2012 passed by the learned Court of Special Judge, CBI Court No.-II, Patna in Special Case No. 18 of 2006 (arising out of RC Case No. 26A of 2006). By the said judgment the appellant herein has been held guilty under Section 7 & 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 and has been sentenced to undergo R.I. for one year and a fine of Rs. 500/- under Section 7 of the Prevention of Corruption Act and the appellant has been further sentenced to undergo R.I. for one year and to pay a fine of Rs. 5,000/- under Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act and in default of payment of fine, the appellant has been sentenced to undergo S.I. for one week. The sentences have been directed to run concurrently.

(2.) The short facts of the case is that the present case was registered on the basis of written complaint of Shri Binod Singh dated 28.11.2006 who had alleged that the appellant herein, the then Sub-Postmaster, Barhara Post Office, Bhojpur was demanding an amount of Rs. 500/- from his for transfer of Kisan Vikas Patras (hereinafter to be referred as 'KVPs.) in his name. It has been further stated in the written complaint that the complainant had purchased six KVPs. from Smt. Lalo Devi for a sum of Rs. 6,000/- which had been issued from Barhara Post Office. On 28.11.2006 the complainant had approached the appellant herein for the purposes of encashing the said six KVPs. and depositing the amount in his account in the post office and for the said purposes the appellant had demanded a sum of Rs. 500/-. On the basis of the written complaint, C.B.I./A.C.B., Patna had registered a CBI Case bearing RC Case No. 26A of 2006 dated 29.11.2006 under section 7 of the Prevention of Corruption Act, 1988. Thereafter, the allegations levelled by the complainant was verified and a team of C.B.I. officials and two independent witnesses had laid a trap and caught the appellant herein red handed while demanding and accepting a bribe of Rs. 5,00/- and then the bribe money was also recovered from the possession of the appellant during the trap led by the C.B.I. The C.B.I. had investigated the case and thereafter submitted a charge sheet against the appellant herein on 30.03.2007 under Section 7 and 13(2) read with Section 13(1)(d) of Prevention of Corruption Act and thereafter the cognizance of the offences was taken by the learned trial court on 05.06.2007. The learned trial court had then framed the charges against the appellant on 07.01.2008 under Section 7 and 13(2) read with Section 13(1) (d).

(3.) The prosecution had altogether examined 10 witnesses.