SHAILENDRA KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred against judgment of conviction of sentence passed in R.C. 10(A)/91(R) whereby and whereunder appellant has been convicted and sentenced under Sec. 7 and 13 (2) r/w Sec. 13 (1)(d) of the Prevention of Corruption Act.

(2.) Can there be a wrongful demand for rectification in the inadvertent mistake in submitting a vacation report of quarter by an employee? Yes, even for this a demand can be made, if the prosecution case is to be believed.

(3.) Ghanshyam Prasad is the complainant who was allotted Quarter No. 5-D/19 in Sector 5 of B.S. City in 1990, later in December, 1990 as per his entitlement he was allotted Quarter No. 12-F/D/1133 and he submitted his vacation report in December 1990 with respect to Quarter No. 5-D- 19. While submitting the vacation report, by mistake he mentioned Quarter No.12- F/D/1133 in place of 5-D/19. For this a claim for penal rent at the rate of Rs.700.00 per month for four months was raised on the charge that he had not vacated Qr. No. 5-D/19 and had retained it. When the complainant requested the appellant accused shri Shailendra Kumar the field Assistant for necessary rectification of the bonafide mistake, he demanded Rs.1400.00 half of the penal rent as bribe for making rectification. This impelled him to submit a written complaint before the S.P CBI, against the above named accused. Thereafter the matter was thoroughly examined and having found genuineness in the complaint, the case was registered and trap was laid by C.B.I officer in presence of independent witnesses. It is alleged that the accused shailendra Kumar was caught red handed taking bribe of Rs.1400.00 by the CBI team on 28/4/91 then the seizure list was prepared and after completing the formalities and the accused was remanded to jail custody.