AJIT KUMAR TIGGA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and the order of sentence dtd. 1/6/2011 passed by the learned Additional District and Sessions Judge-I-cum- Special Judge, C.B.I., Dhanbad in R.C. Case No. 7/01(D), whereby and whereunder, the appellant has been convicted under Ss. 7 and 13 (2) r/w 13(1) (d) of the P.C. Act and sentenced him to undergo R.I. for two years under Ss. 7 and 13 (2) r/w 13(1) (d) of the P.C. Act each along with fine of Rs.5000.00 under each Sec. and in default of payment of fine, he was directed to undergo R.I. for six months. All the sentences were directed to run concurrently.

(2.) The brief facts of the prosecution case leading to this Criminal Appeal are that the complainant, Mritunjay Kumar Singh, son of Sri Shree Singh, R/o Ghanoodih, P.O. Jharia, P.S. Tisra, District Dhanbad (Jharkhand) lodged a written complaint in Hindi on 11/7/2001 addressed to the Superintendent of Police, C.B.I., Dhanbad alleging therein that the accused, Ajit Kumar Tigga, clerk in the office of General Manager, Telephones, BSNL, Dhanbad had demanded a sum of Rs.2000.00 from him as illegal gratification for processing his application form for sanction of a Telephone PCO Booth connection in his favour. The allegations made in the complaint dtd. 11/7/2001 by the complainant was verified by Sri B.N. Roy, Inspector of Police, C.B.I. Dhanbad. In compliance of the order of Superintendent of Police, C.B.I., Dhanbad, B.N. Roy submitted his verification report on 11/7/2001 to the Superintendent of Police, C.B.I., Dhanbad confirming that the allegations made in the written complaint of the complainant are genuine and correct and, accordingly, the FIR was registered on 11/7/2001 as Case Crime No. RC 7(A) of 2001(D) under Ss. 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 against the accused Ajit Kumar Tigga, Clerk in the office of General Manager (Telecom), BSNL, Dhanbad.

(3.) On this written information, the charge was framed against the accused Ajit Kumar Tigga by the learned Trial Court, Special Judge, CBI, Dhanbad under Ss. 7 and 13(2) read with 13(1)(d) of the P.C. Act, 1988 and the same was read over and explained to him but the accused denied the charge and claimed to face the trial.