MD WAKIL 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 20.11.2003 passed by learned 4th Additional Sessions Judge-Cum-Special Judge, C.B.I., Dhanbad in R.C. Case No.26A/94 D whereby and where under the learned court below has held the accused-appellant guilty of having committed offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs.500/- and in default to undergo simple imprisonment of six months and further sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/- for the offence punishable under Section 13 (2) of the Prevention of Corruption Act, 1988 and in default to undergo simple imprisonment of six months.

(3.) The case of the prosecution in brief is that the complainant Basudev Yadav was working as a substitute porter at Garhwa Railway Station and whenever any permanent porter goes on leave, the complainant used to work in his place and accordingly, he used to receive his salary. The accused-appellant was working there as a head clerk in pay bill section and was preparing the salary of the complainant. It is alleged that the accused-appellant used to demand illegal money, some days prior to making the complaint and upon the complainant not paying the money; he used to reduce the number of days for which the complainant worked. On 26.09.1994 when the complainant approached the accused-appellant, the accused-appellant demanded Rs.500/- from him and told that if the complainant does not pay him the money, in future he will continue to prepare his salary bill at a reduced rate. As the complainant did not want to give money, he filed the complaint addressed to the S.P., C.B.I. Dhanbad. The inspector of C.B.I. Dhanbad Sri A. K. Jha verified the facts of the complaint and submitted his report; on the same day i.e. on 26.09.1994. In course of verification, the inspector of C.B.I. accompanied the complainant to the D.R.M. Office, Dhanbad where the complainant approached the accused-appellant who was the dealing clerk of the pay bill section attached to the senior D.P.O. Dhanbad and requested for not deducting his salary. The accused-appellant demanded Rs.500/- for doing this favour.