SAHDUL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed against the judgment and order passed by the Special Judge (Vigilance), Patna in Special Case No. 119 of 1983 on 12th of August, 1988. By the impugned judgment the learned trial Court held the appellant guilty and convicted him of the offences under Section 161 of the Indian Penal Code and also under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act and by the subsequent order of the same date the learned trial Court sentenced the appellant to undergo R.I. for one year under Section 161, IPCand he further sentenced the appellant to undergo R.I. for one year and the pay a fine of Rs. 250/- and in default to undergo further R.I. for three months under Section 5(2) of the Prevention of Corruption Act.

(2.) A brief history of the case is as follows :

(3.) When the charge was framed against the accused, he denied the same and pleaded not guilty. After the examination of the witnesses for the prosecution, the statement of the accused was recorded under Section 313, Cr PC and the accused denied that he had received any illegal gratification or bribe; though he admitted the recovery of Rs. 100/- from his possession and claimed that it was part of the money advanced as loan to the mother of the complainant which was paid by her to her son, the complainant on that date. However, the learned trial Court did not accept the defence plea and relying on the evidence adduced on behalf of the prosecution held the appellant guilty and convicted and sentenced him, as stated above.