GOKULESHWAR BANERJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal at the instance of the appellant stands directed against the impugned judgment and order dated 26-2-2001 and 28-2-2001 respectively passed in R.C. Case No. 6(A)/92D by Shri Raj Narain Prasad Singh, Special Judge, C.B.I., Dhanbad whereby and whereunder the appellant was found guilty tor the of fence punishable under Sections 7 and 13(2) read with Section 13(l)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the said Act) and he was convicted and sentenced to undergo rigorous imprisonment for one year each under Section 7 and Section 13(2)' read with Section 13(1)(d) of the said Act and he was also sentenced to pay a fine of Rs. 500/- for the offence under Section 13(2) of the said Act and in default thereof to undergo rigorous imprisonment for three months. However, the sentences were ordered to run concurrently.

(2.) The prosecution case has arisen on the basis of the first information report (Ext. 9) lodged before Delhi Special Police Establishment, Dhanbad Branch by PW-10 B. K. Birdi, Inspector, C.B.I., Dhanbad on 3-6-1992 at 17.00 hours regarding the occurrence which is said to have taken place on that very day on the basis of the written complaint (Ext. 6) of PW-6 Ram Lal Saw lodged before the Superintendent of Police, C.B.I., Dhanbad.

(3.) The case of the prosecution, in brief, is that the complainant works as an Electrical General Mazdoor, Civil Department, B.C.C.L., Bhuli Township, Dhanbad and the appellant is employed as Accounts Assistant, Civil Department (Finance), B.C.C.L. Koyala Bhawan, Dhanbad and the appellant has made a demand of illegal gratification of Rs. 250/- from him for preparing, processing and making payment of his bills relating to his conveyance allowance and arrear of bus fare and he has asked him to come with the bribe amount aforesaid in his office on 4-6-1992. It is also alleged that he is against giving any illegal gratification and for that he has filed this complaint petition for taking action against the appellant.