PRIYANKA KUMARI 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 dated 06.08.2019 and Order of Sentence dated 09.08.2019 passed by learned Special Judge (A.C.B.), Palamau at Daltonganj in Vigilance Case No.09 of 2011 whereby and where under the learned court below held the appellant-accused guilty and convicted her for having committed the offence punishable under Section 7 of the Prevention of Corruption Act,1988 and sentenced her to undergo rigorous imprisonment for 4 years with fine of Rs.25,000/- and in default of payment of fine to undergo simple imprisonment for six months.

(3.) The case of the prosecution in brief is that that complainant-P.W.6- Sakaldip Vishwakarma was a Rojgar Sathi (Meth), involved in Panchayat Level Scheme No.03/2009-10 relating to construction of a pond in the field of Ram Raksha Vishwakarma. It is alleged that the appellant-accused while posted as Rojgar Sewak demanded bribe from P.W.6- the complainant, for the payment of the wages of the labourers as the same was to be paid to the B.D.O. and told that unless the complainant pays Rs.1,000/-, the B.D.O. will not make the payment of the complainant. As the complainant was not intending to pay the bribe amount, he approached the Vigilance Bureau by submitting a written application marked Ext.6. On the basis of the written application of the complainant, P.W.9 conducted verification and finding the allegation of the written application to be true, the P.W.9 submitted his report. On the basis of the same, the F.I.R. of this case has been registered and a trap team was constituted. A successful trap was made on 29.03.2011, at the office of the appellant-accused was at Pandu Block and the appellant-accused was caught red-handed while accepting the bribe. The post trap formalities were done. The P.W.10 being the I.O. of the case took charge of the investigation, obtained the sanction for prosecution and after completion of investigation submitted charge-sheet for the offences punishable under Sections 7 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. The charge for the said offences were framed against the appellant-accused and upon her denying the charges, she was put to trial.