JYOTIRMOY GANGULY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The appellant-convict has preferred this appeal being aggrieved by the Judgment of conviction and Order of Sentence dtd. 29/8/2003 passed by learned Special Judge C.B.I.-Cum-4th Additional Sessions Judge, Dhanbad in R.C. Case No.2A/88 D whereby and where under the learned court below has held the appellant-convict guilty of having committed the offences punishable under Sec. 161 of the Indian Penal Code and Sec. 5 (2) of the Prevention of Corruption Act, 1947 and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs.500.00 under Sec. 161 of the Indian Penal Code and to undergo rigorous imprisonment of two years and to pay a fine of Rs.500.00 for the offence punishable under Sec. 5 (2) of the Prevention of Corruption Act, 1947 and in default of payment of fine to undergo further simple imprisonment of two months each and it was ordered that both the sentences shall run concurrently.

(3.) The case of the prosecution in brief is that while the appellant- convict was posted as Accounts Assistant in the Bhowra area of B.C.C.L., he demanded bribe of Rs.50.00 from the complainant (P.W.3) for payment of the bill amount of Rs.3,000.00 of the complainant (P.W.3). An officer of C.B.I. namely Kamla Prasad 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 by the complainant. On the basis of the report submitted by the verifying officer, this case has been registered. The investigation of the case was entrusted to the P.W.8- Ajay Kant Sahay. A trap was successfully conducted. On 10/2/1988, the appellant-convict was caught red-handed after he accepted the bribe amount of Rs.50.00 which was wrapped in a paper and kept by him in the drawer of his table in his office.