OM SHANKAR SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 31.05.2002 passed by 2nd Additional Judicial Commissioner-cum-Special Judge, C.B.I., Ranchi in R.C. No. 14 (A) of 1995 (R), whereby and whereunder Appellant was convicted under Section 7 read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred as the 'Act') and sentenced to undergo rigorous imprisonment for one year and directed to pay fine of Rs. 400/- for the offence under Section 7 of the Act and further sentenced to undergo rigorous imprisonment for one year and directed to pay fine of Rs. 500/-for the offence under Section 13 (1)(d) of the Act.

(2.) The case of prosecution, in short, is that P.W.-5 (Dwarika Thakur) filed a complaint before the Superintendent of Police, C.B.I., Ranchi on 02.06.1995 stating therein that he was an agent of NSC & KVP having registration No. 39/94-95. It is further stated that he was doing most of his business from Neori Post Office, situated on the gate of Vikash Vidayalaya. It is further stated that at the relevant time, Neori Post Office was headed by one Sri Om Shankar Sahu (Appellant). It is further stated that complainant get commission on the sale of NSC & KVP and for that purpose he was required to submit bill before the Appellant, who after checking the same forwarded it to B.I.T. Mesra Post Office for payment. It is then alleged that on 31.05.1995 complainant submitted a bill of Rs. 1,850/- in the office of Appellant for payment of commission on the sale of NSC & KVP. It is further alleged that the Appellant demanded half of the commission amount for forwarding the said bill. It is further alleged that when the complainant made request, Appellant forwarded the bill by saying that complainant should pay Rs. 500/- within one or two days and pay rest of the amount after payment of bill. It is further stated in the complaint petition that Appellant threatened that if Rs. 500/- will not be paid by 02.06.1995 he will not forward any bill in future and even in the forwarded bill he would get some objection raised by the authority concerned.

(3.) It appears that the Superintendent of Police, C.B.I., Ranchi asked P.W.-7 to verify the complaint filed by the P.W.-5. It further appears that P.W.-7 after verification submitted his report to the Superintendent of Police, C.B.I., who, on the basis of same, directed to institute case. Accordingly, R.C. No. 14 (A) of 1995 (R) instituted. It further appears that thereafter a trap team constituted under the leadership of Sri N. Jha, the then Dy. S.P., C.B.I. It further appears that trap team went to Neori Post Office along with complainant Dwarika Thakur. It then appears that Dwarika Thakur (P.W.-5) handed over chemically treated currency note to the Appellant and indicated other members of the trap team that Appellant received the same. Thereafter, trap team under the leadership of Sri N. Jha entered in the Chamber of Appellant and recovered the aforesaid currency note from his possession and prepared seizure list and after completing other formalities arrested Appellant. It appears that after investigation, charge sheet submitted against the Appellant. On the basis of said charge sheet, learned Special Judge, C.B.I. took cognizance of the offence under Section 7 and Section 13(1)(d) of the Act. Thereafter, charges framed against the Appellant under Section 7 and Section 13(1)(d) read with Section 13(2) of the Act. The said charges explained to the Appellant to which he pleaded not guilty and claimed to be tried. Thereafter, prosecution examined altogether seven witnesses in support of its case. The prosecution also exhibited documentary evidence as per the list of exhibits.