RAM BILASH SAHU 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 dtd. 8/10/2007, passed by the learned 7th Additional Judicial Commissioner-cum-Special Judge, C.B.I., Ranchi in R.C. Case No. 24(A)/1994 (R) whereby and where under, the learned court below has held the appellant-convict and the co-convict- Anugrah Prasad Ambastha guilty for the offences punishable under Sec. 7 of Prevention of Corruption Act, 1988 read with Sec. 120B of Indian Penal Code and has sentenced to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.300.00 and in case of default of payment of fine, to undergo Simple Imprisonment for five days and for the offence punishable under Sec. 13(2) read with Sec. 13(l)(d) of the Prevention of Corruption Act, 1988 read with Sec. 120B of Indian Penal Code, the appellant-convict and co-convict are sentenced to undergo Rigorous Imprisonment for two years and to pay a fine of Rs.500.00 and in default of payment of fine, to undergo Simple Imprisonment for ten days. It was ordered that all the sentences shall run concurrently.

(3.) The case of the prosecution in brief is that the two registered envelopes of elder brother of the complainant Ashok Kumar Gupta had come to Hehal through Post-office for its delivery but as the complainant and his brother were out of town, so the same could not be delivered to them. When the complainant (P.W.6) went to the post office on 24/10/1994 and asked about the letters, the co-convict- Anugrah Prasad Ambastha demanded Rs.100.00 for delivering the registered letters and has also told in presence of the appellant-convict who was the postman that out of Rs.100.00 the co-convict-Anugrah Prasad Ambastha will keep Rs.50.00 and Rs.50.00 will be given to the appellant-convict. When the complainant expressed his inability to pay the said amount, the appellant-convict told the complainant that if the complainant would not pay the said amount then the registered letters would be returned. The complainant was not ready to pay the bribe amount, hence he submitted a complaint to Superintendent of Police, C.B.I./A.C.B., Ranchi. The complaint was verified and after verification, the complaint was found to be true and the FIR of this case was registered. A trap team was constituted. The appellant-convict as well as the co-convict were caught red handed while accepting the bribe amount of Rs.50.00 each. After completion of investigation, charge sheet for the offences punishable under Sec. 120B of Indian Penal Code and Sec. 7 as well as Sec. 13 (2) read with Sec. 13 (1) (d) of Prevention of Corruption Act, 1988 was submitted against the appellant-convict as well as against co-convict-Anugrah Prasad Ambastha. Separate charges for the offences punishable under Sec. 120B of the Indian Penal Code read with Sec. 7 as well as Sec. 13 (2) read with Sec. 13 (1) (d) of Prevention of Corruption Act, 1988 was framed against the appellant-convict and also separate charges under Sec. 7 as well as Sec. 13 (2) read with Sec. 13 (1) (d) of Prevention of Corruption Act, 1988 was framed against the appellant-convict as well as against co-convict. Upon the appellant-convict pleading not guilty to the charges, he was put to trial.