ANIL KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties through video conferencing.

(2.) This appeal has been preferred against the Judgment of Conviction and Order of Sentence dated 06.02.2020 passed by the Additional Sessions Judge-II-cum-Special Judge, A.C.B., Dhanbad in Special (Vigilance) Case No.13 of 2012 (CNR No.JHDH01-006029-2012) whereby and where under, the learned court below has held appellant-convict guilty for the offences punishable under Section 7 and under Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988. The appellantconvict has been sentenced to undergo Rigorous Imprisonment for four years and to pay a fine of Rs.1,50,000/- for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and in default of payment of fine to undergo Simple Imprisonment for a period of six months. For the offence punishable under Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988, the appellant-convict has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.2,00,000/- and in default of payment of fine to undergo simple imprisonment of eight months. Both the sentences were directed to run concurrently.

(3.) The brief facts of the case is that the appellant-convict while posted as the Executive Officer of the Nagar Panchayat, Chirkunda demanded bribe of Rs. 6000/-from the complainant (PW4) for payment of the final bill amount of Rs. 175,000/-to him. As the complainant did not want to give the bribe, he filed a complaint with the S.P., ACB, Ranchi. The inspector of ACB, Ranchi Sri Keshab Kumar Choudhary (PW1) verified the allegations made in the complaint and submitted his report confirming the demand of illegal gratification by the appellant-convict as alleged in the written complaint submitted by the complainant. On the basis of the report submitted by PW1, this case has been registered. Investigation of the case was entrusted to DSP Dhaneswar Ram. A trap was successfully conducted on 12.06.2012. The appellant-convict was caught red-handed while accepting the bribe amount of Rs. 6000/-. After completion of investigation, chargesheet for the offences punishable under Section 7 as well as 13 (2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 was submitted against the appellant-convict. Separate charges for the offences punishable under Section 7 and 13 (2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 were framed against the appellant-convict to which he pleaded not guilty and thus was put to trial.