GOPAL SHARAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal at the instance of the appellant stands directed against the impugned judgment and order dated 21.12.1998 passed by Sri Dhananjay Prasad Singh, the Special Judge, CBI and Vigilance, Ranchi in R.C. 15 (A)/93(R) whereby and whereunder he was found guilty for the offence punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the said Act) and he was convicted and sentenced to undergo RI for one year under Section 7 and RI for 2 years under Section 13(2) of the said Act respectively. The appellant was further sentenced to pay a fine of Rs. 200/ - and Rs. 500/ - for the offences aforesaid respectively and in default thereof to undergo SI for one month and three, months respectively. However, all the sentences were ordered to run concurrently.

(2.) THE prosecution case has arisen on the basis of the FIR lodged before the Delhi Special Police Establishment. Ranchi Branch by PW 7 Sravan Kumar, Deputy Superintendent of Police, CBI, SP, Ranchi on 16.7.1993 at 10.30 hours regarding the occurrence which is said to have taken place on 9.7.1993 at 12.30 hours on the basis of the written petition of PW 2 Anant Munda, lodged before the S.P., C.B.I., Ranchi.

(3.) THE appellant has pleaded not guilty and he claims himself to be innocent and to have committed no offence and he has been falsely implicated in this case. It is also contended that the claim in question was settled by him on 10.7.1993 and he has sent the file to the Regional Commissioner, S.D. Lall for his approval on 12.7.1993 and thus the question of demanding and accepting the bribe on 16.7.1993 does not arise at all.