RAJ KUMAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the appellant and also learned Counsel for the Vigilance Department.

(2.) The sole appellant has been convicted under Section 161 of the Indian Penal Code and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for six months under each count. He has also been directed pay a fine of Rs. 100/- and for default in payment of fine, he has been directed to suffer rigorous imprisonment for one month.

(3.) The prosecution case, as disclosed in the First Information Report is that on 12-1-1977 a trap party was organised on information furnished by Muneshwar Singh, Acting Head Master of Chandranatai L.P. School as a sum of Rs. 25/- was demanded from him as a bribe by the appellant and the raiding party had signed two currency notes of the denomination of 20 and 5 and the same was handed over to Muneshwar Singh. The reaiding party, accordingly, raided the office of the appellant and person of the appellant was searched but nothing was found from his person and a sum of Rs. 25/- was recovered from the drawer of his table and accordingly, the raiding party arrested the appellant and he was remanded to judicial custody.