JUNIAS GURIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 5.7.2002 passed by Special Judge, Vigilance, Ranchi, in Special Case No. 25 of 1989, whereby and whereunder, he convicted the Appellant under Sections 7 and 13(2) of the Prevention of Corruption Act and sentenced him to undergo R.I. for two years each for the aforesaid offences.

(2.) The case of prosecution in short as per the written report (Ext.-1) is that in between 1988-89 Appellant (Junias Guria) was posted as Special Officer, Schedule Area Regulation, Ranchi. It is alleged that while functioning so, Appellant passed various orders and judgments against the law after accepting huge amount of money from different persons. It is alleged that in S.A.R. Case No. 83 of 1983, Appellant took signature of land owner Binod Oraon on the receipt to show payment of compensation, but without making payment, he misappropriated the same. It is alleged that for the aforesaid act of Appellant a case bearing Kotwali P.S. Case No. 293 of 1989 instituted, but in spite of that, the Appellant has not been arrested. It is further alleged that the Appellant passed various irregular and illegal orders in S.R. Case No. 43 of 1986, 419 of 1985, 9 of 1985-86 Misc. Case No. 132, 136, 148, 163, 244, 257, 355, 356 of 1988-89 after taking bribe from different persons.

(3.) It appears that on the basis of Ext-1, Vigilance P.S. Case No. 20 of 1989 instituted. It further appears that after completing investigation, police submitted charge-sheet under Section 5(2) read with Section 5(1)(d) of Prevention of Corruption Act 1947 corresponding to Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act 1988 respectively. It appears that court below after appearance of Appellant framed charges under Section 7 and Section 13(2) of Prevention of Corruption Act 1988. The said charges read over to the Appellant to which he pleaded not guilty and claimed to be tried.