VIJAY KUMAR SHANKAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The appellant has preferred this appeal being aggrieved by the Judgment of conviction and Order of sentence dtd. 24/3/2003, passed by the learned Additional Judicial Commissioner- cum Special Judge, Vigilance, Ranchi in Vigilance P.S. Case No.25 of 1986 whereby and where under the learned court below has held the appellant-convict guilty for the offences punishable under Sec. 161 I.P.C. for which he has been sentenced to undergo Rigorous Imprisonment for one year and also for the offence punishable under Ss. 5(2) read with Sec. 5 (1) (d) of the Prevention of Corruption Act, 1947 for which he has been sentenced to undergo Rigorous Imprisonment for a period of one and half year and fine of Rs.5,000.00 and in case of default of payment of fine to undergo Simple Imprisonment for a period of three months. It was ordered that both the sentences shall run concurrently and the period of sentence already undergone by the convict shall be set-off.

(3.) The case of the prosecution in brief is that when the appellant-convict was posted as Junior Engineer in Chanho Block Office, he demanded the bribe of Rs.600.00 from the complainant for preparing bill of Rs.2,000.00in respect of the loan for getting a well-constructed under the 20-Programme Point. It is also alleged that the appellant-convict has warned the complainant that unless the complainant makes illegal gratification, the cheque will not be issued. The complainant submitted his complaint to the Superintendent of Police, Vigilance, Ranchi. The Superintendent of Police, Vigilance, Ranchi entrusted the matter for verification and after the report of the officer concerned regarding the truth of the allegation, a trap was laid on 24/9/1986 at the Block Office of Chanho. The appellant-convict was caught red handed while taking the bribe of Rs.400.00. Search of the appellant-convict was duly made and the sleaze money was recovered.