DIPAK KUMAR RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant appeal has been filed against the judgment of conviction and sentence passed by Special Judge, CBI-cum-1st Additional Sessions Judge, Dhanbad in R.C. Case No.17(A)/95(D) for the offence under Sec. 7 and 13(2), 13(1)(d) of the Prevention of Corruption Act.

(2.) As per the prosecution case, a complaint was received from one Rajendra Prasad Singh by the Superintendent of Police, C.B.I. that the accused, who was working as an Assistant Administrative Officer in Oriental Insurance Company, was demanding Rs.4000.00 for settlement of insurance claim made by the complainant for a trekker. The claim of insurance pertained to a trekker which was insured at the relevant time when it was hijacked on 30/3/1991 and the Cleaner of the vehicle was murdered regarding which Giridih P.S. Case No.16 of 1991 was registered. The stolen vehicle could not be recovered by the police during investigation. According to the prosecution case when the complainant approached the Insurance Company for the settlement of the claim, illegal gratification was demanded.

(3.) On receipt of complaint and after making formal verification F.I.R. was lodged on 11/9/1995 at 17.00 hours. Preliminary memorandum was drawn (Exhibit 14) and trap was laid on 12/9/1995 at 7.30 hours in the office of Manager of Oriental Insurance Company, B-24, Sector IV, City Centre, Bokaro Steel City, Bokaro. On demand, tainted money was accepted by the accused.