SAROJ DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) By judgment of conviction and order of sentence dated 21st January, 2009, passed by the Special Vigilance Judge-II, Patna, in Vigilance Special Case No.28 of 1991 arising out of Vigilance P.S. Case No.45 of 1991, sole accused (P. C. Srivastava @ Prem Chandra Srivastava) was convicted for the offence under Section(s) 7 & 13 (2) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for five years with fine of rupees five thousand under each Section and in default of payment of fine to further undergo simple imprisonment for three months. Both the sentences were ordered to run concurrently.

(2.) Prosecution story, in brief, as per written report of one Rajesh Kumar is that Officer-in-Charge of Chautham P.S. has arrested his father in a false case after levelling false allegation with connection with Chautam P.S. Case No.175 of 1991 dated 01.11.1991. The Officer-in-charge demanded Rs. 4,000/- from the Informant for declaring the case false.

(3.) An enquiry was initiated by one Ramesh Chandra Giri (PW 10), S.I. of Vigilance Department, Patna, on 07.11.1991. Thereafter, a team of five persons consisting of Vishwa Nath Ojha (PW 12), Ajay Kumar Singh (PW 5), Ramesh Chandra Giri (PW 10), Pal Farnadese Tudu (PW 15), and Chandrika Pd. (PW 4) was constituted by Vigilance Department. Thereafter, a Pre Trap memorandum with respect to G.C. notes to the tune of Rs. 3,000/- (Ext.3) was prepared at Cabinet Vigilance Investigation Bureau Head Quarter, Patna, on 15.11.1991. The Complainant, Rajesh Kumar, was instructed to give the said money to the accused on demand. Thereafter the Complainant, as per direction, handed over the money to accused at his Government residential Quarter situated in the campus of Chautham Police Station as the accused was the Officer-in-charge of that Police Station at the relevant time. Accused was caught red-handed by the Vigilance team in presence of four witnesses namely Vijay Kumar, Md. Hasimuddin (PW 14), Parmeshwari Singh (PW 6), and Braj Mohan Singh (PW7). Then a Post Trap Memorandum (Ext. 4) was prepared after recovering the said G.C. Notes from the possession of accused, who after being challenged by the team, threw the money on the ground. Hands of the accused were caught hold and they were washed in the solution of sodium carbonate whereupon color of the solution changed into pink. Thereafter, it were sealed and the accused was apprehended by preparing a seizure list giving rise to the Vigilance P.S. Case No.45 of 1991 under Section 7/13(1) (a) P.C. Act 1988 (Ext. 5). Formal First Information Report (Ext. 6) was drawn up. The Investigating Officer submitted charge-sheet against the accused after thorough investigation.