BHIM SINGH @ BHIMSEN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties through video conferencing.

(2.) The appellant has preferred this appeal being aggrieved by the Judgment of conviction and Order of sentence dated 05.03.2020, passed by the learned District & Additional Sessions Judge-II-cum-Special Judge, Anti- Corruption Bureau, Dhanbad in Special (Vigilance) Case No. 12 of 2016 whereby and where under the learned court below has held the appellant-accused guilty for the offences punishable under Section 7 as well as under Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced him to undergo Rigorous Imprisonment for a period of three years and fine of Rs.50,000/- and in case of default of payment of fine to undergo Simple Imprisonment for a period of four months for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988. For the offence punishable under Section 13(2) of the Prevention of Corruption Act, 1988, the appellant-accused was sentenced to undergo Rigorous Imprisonment for a period of five years and fine of Rs.75,000/- and in default of payment of fine, to undergo Simple Imprisonment for a period of six months. It was ordered that both the sentences shall run concurrently.

(3.) The case of the prosecution in brief is that the complainant (P.W.4) -Parmeshwar Saw is the owner of a truck and uses his truck for supplying sand. On 15.10.2016 his truck damaged the dish cable wire. The personnel of Tiger Mobile of Police reached the spot and subsequently the damaged cable wire was got repaired by the complainant. On 19.10.2016, the appellant-accused who was posted as Munsi in the Bank More Police Station called the complainant to Police Station. When the complainant reached the Police Station the appellant- accused took the complainant near a hotel and demanded Rs.5,000/- as bribe for not registering a case against the vehicle of the complainant. As the complainant did not want to pay the bribe, he submitted a written report addressed to the Superintendent of Police, Anti-Corruption Bureau, Dhanbad. Basing upon the same, the P.W.6 - Subhash was deputed for verification of the complaint. Upon the P.W.6 finding the complaint to be true, the F.I.R. of the instant case was registered and a trap team was constituted and the appellant- accused was caught red handed while receiving the bribe of Rs.2,000/-. After the said successful trap and completion of investigation, charge sheet was submitted. The learned trial court framed the charges for the offences punishable under Section 7 as well as Section 13(2) of the Prevention of Corruption Act, 1988 for the occurrence which took place on 21.10.2016. The appellant-accused pleaded not guilty to the charges and was put to trial.