PAWAN KUMAR JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned Counsel for the appellant and the learned Counsel for the Respondent-C.B.I.

(2.) The appellant, in this appeal has challenged the impugned judgment of his conviction and order of sentence dated-24.12.2001, passed by the Special Judge, C.B.I., Dhanbad in R.C. Case No. 19 (A) of 1993 (D), whereby he has been convicted for the offence under Section 7 of the Prevention of Corruption Act, 1988 and also under Section 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988 and sentenced to imprisonment for a period of one year for the offence under Section 7 of the Act and two years for the offence under Sections 13(2) read with Section 13(1)(d) of the Act.

(3.) The case against the appellant was initiated on the basis of the complaint filed by one Santosh Bauri filed before the S.P., C.B.I., Dhanbad on 23.09.1993. The allegations in the complaint was that the complainant, Santosh Bauri who was an employee working as a loader, in the Sendra Bansjora Colliery, Sijua Area of M/s. B.C.C.L., was admitted to the Hospital, where he was given indoor treatment from 22.08.1993 to 27.08.1993 but the appellant, who was the then Doctor, posted in the Hospital, did not issue the fitness certificate upon his discharge from the Hospital. It is alleged that the appellant called the complainant to the Hospital a week later for further treatment. On his visit to the Hospital, the appellant allegedly demanded a sum of Rs. 200/- from the complainant for issuing a fitness certificate. Being reluctant to pay any such amount of illegal gratification to the appellant, the complainant filed his complaint before the S.P., C.B.I., Dhanbad on 23.09.1993.