SANTOSH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Santosh Kumar has been found guilty under Section 7 of the PC Act and sentenced to undergo R.I. for two and half years as well as to pay fine appertaining to Rs. 10,000/- and in default thereof, to undergo S.I. for three months, additionally under Section 13(2) read with Section 13(1)(d) of the p.C. Act and sentenced to undergo R.I. for two and half years as well as to pay fine appertaining to Rs. 5000/- and in default thereof to undergo S.I. for two months additionally with a further direction to run the sentences concurrently by the Special Judge, Vigilance (Trap), Patna in connection with Vigilance Case No.71/2006, Special case no.61/2006 vide judgment of conviction and sentence dated 01.10.2006.

(2.) Kripa Shankar Tiwari (PW.7) made written complaint before the vigilance alleging inter alia that he happens to be Secretary of Shri Shankar Primary cum Middle Sanskrit School, Mokar, Sasaram. Vide letter no.4398 dated 25.07.2006 the Bihar Sanskrit Shiksha Board, Patna had issued order directing the District Education Officer, Rohtas, Sasaram to make payment to the teachers since 24.08.2004. In this connection, when he met with District Education Officer, Rohtas, Sasaram, the aforesaid District Education Officer directed his assistance Santosh Kumar to prepare note sheet relating to payment of salary. When he met with Santosh Kumar subsequently, he demanded Rs. 5000/- as bribe and said that after payment of the aforesaid amount only note sheet will be drawn up. Because of the fact that he is not inclined to pay bribe whereupon, written complaint is being made.

(3.) It is further evident that aforesaid allegation was verified by Santosh Kumar (PW.4) in whose presence deal was finalized over Rs. 4000/- and, after having verification report at the end of aforesaid Santosh Kumar, it was ordered to constitute a trap team coupled with, follow up action. It is further evident that trap team was constituted at whose instance pre-trap demonstration was duly effected and then, on 02.11.2006 trap team arrived at the office and apprehended red-handed the appellant Santosh Kumar who, after accepting the tainted money counted and then kept in his pocket, searched out, gone through sodium bicarbonate test and then, post trap eventualities were formalized. That happens to be the basis of instant prosecution.