PUNESHWAR RAI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) By impugned judgment of conviction and order of sentence dated 15.06.2010 passed by the Special Judge, Vigilance II, Patna, in Special Case No.25 of 1991, arising out of Vigilance P.S. Case No.42 of 1991, sole Appellant has been convicted for the offence under Section(s) 7 and 13(2) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for six months under Section 7 of the Prevention of Corruption Act and rigorous imprisonment for one year under Section 13(2) of the Prevention of Corruption Act. Both the sentences were ordered to run concurrently.

(2.) The prosecution case, as per written complaint of the Complainant, in brief, is that the Complainant Mani Kant Mishra is supplier in Purnea Mandal Kara. The Superintendent of Jail, Sri Laxman Prasad Singh, and Assistant Jailor, Puneshwar Rai, collusively shown supply of vegetable in the name of Complainant, which was grown in jail campus and for payment of the amount of bill, they demanded Rs. 10,000/- from the Complainant. They threatened the Complainant that in default of making payment they will show the supply of the articles in the name of others. The Jail Superintendent on 03.10.1991, again, demanded the amount in his Chamber in the presence of Assistant Jailor (Appellant) failing which they refused to make payment of bill to the Complainant. The Complainant paid Rs. 5000/- as advance to the Jail Superintendent and he promised to pay the remaining amount of Rs. 5000/- within a month after payment of amount of the bill. The Complainant did not want to give bribe and send written report to D.I.G. Vigilance, Patna. Bhagwan Singh, Inspector, Vigilance PS, was deputed to enquire into the matter. He found the allegation correct and submitted his report. Instant case was registered on the basis of enquiry report of Bhagwan Singh and the complaint filed by the Complainant. Further case of the prosecution is that a Trap Team was constituted under the leadership of Jag Lal Choudhary, Addl. Superintendent of Police, Vigilance. On 30.10.1991, the Trap Team reached Purnea. The accused was apprehended taking bribe money. Thereafter, on search in presence of two independent witnesses bribed money was recovered from his possession. Thereafter, accused was forwarded. The police after investigation submitted charge-sheet against the sole accused (Appellant) for the offence under Section(s) 7, 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. Cognizance was taken and accused was put on trial.

(3.) The accused denied the alleged occurrence and claimed to be innocent.