RAM NARESH TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 12.09.2017 and the order of sentence dated 14.09.2017 passed by the learned Special Judge, Vigilance-1st, Patna in Special Case No. 17 of 2000 whereby after holding the appellant guilty for the offence punishable under section 7 of the Prevention of Corruption Act, 1988 (for short 'P.C. Act') he has sentenced him to undergo imprisonment for a term of five years and fine of Rs. 20,000.00 and in default to undergo simple imprisonment for a further period of six months.

(2.) In order to appreciate the issues involved in this appeal, certain facts need be mentioned hereinbelow.

(3.) One Shiv Lagan Singh had filed a complaint under section 200 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C') in the court of Special Judge, vide complaint (Special) Case No. 17 of 2000 stating therein that he has been made accused in Punpun P.S. Case No. 39 of 1996 instituted under Sec. 304-B read with 34 of the Indian Penal Code (for short 'I.P.C'). In that case, on the basis of the order passed by the learned Chief Judicial Magistrate, Patna in exercise of power conferred under section 83 of the Cr.P.C,, 1973 movable and immovable properties belonging to him were attached by Mr. Marag Marandi, an Assistant Sub-Inspector of police of Punpun police station on 12.07.1996. Thereafter, he surrendered before the court on 22.07.1996 and the learned Chief Judicial Magistrate, Patna, vide order dated 31.07.1996, directed the Officer-incharge of the Punpun Police Station to release the properties seized from his house in connection with Punpun P.S. Case No. 39 of 1996 from attachment. The said order was served upon the Officer-in-charge of Punpun police station by his son Anil Kumar Singh whereafter though most of the attached properties were released, certain properties were not released from attachment by him. His son requested him several times for release of the retained properties, but they were not returned. Even the court repeatedly directed the Officer-incharge of the police station to return all the properties attached from his house and furnish a report thereof, but the order of the court was also not complied. On 207.2000 and on 15.08.2000 when he himself went to the police station and requested the Officer-in-charge, Punpun police station, namely, Mr. Ram Chandra Ram and the appellant, a Sub-Inspector of police posted in the police station to return the remaining articles, they demanded Rs. 1000.00 as illegal gratification. He stated in his complaint that being a poor farmer he is not in a position to fulfill the illegal demand of the Officer-incharge. He made a request for taking proper action against them.