RASHIK BIHARI LAL Vs. STATE

JUDGEMENT

(1.) Heard the parties Judgment of conviction and order of sentence passed under Ss. 7 and 13(2) of the Prevention of Corruption Act (hereinafter referred as 'PC Act' in short) is under challenge in the instant criminal appeal.

(2.) A written complaint was received by the Superintendent of Police, CBI from one Dinesh Kumar Singh, Director of M/s R.R. Refractories Pvt. Ltd. on 21/10/1992 stating therein that on 26/9/1992, R.B. Lal, Deputy Manager (Quality Control) along with some other Officers of CCL, Ranchi visited the factory for periodical inspection and on return, submitted false report that the factory was closed though on the said date, the factory was in operation. On 19/10/1992 when he contacted Mr. Lal in his office in connection with stoppage of coal from his factory, he was told that adverse inspection report was made for not paying Rs.10,000.00 which was being paid by the other factory owners.

(3.) Deputy Superintendent of Police, CBI, Ranchi verified the said complaint, interrogating the complainant and held that allegations made were true and F.I.R. being RC 19(A)/92(R) was registered on 21/10/1992 under Sec. 7 of P.C. Act. After completing the pre-trap formalities, in the office of S.P., CBI, Ranchi a trap party comprising of Narayan Jha, Deputy Superintendent of Police, S.B. Pandey, Inspector and U.K. Choudhary and other members with two independent witnesses conducted trap at 5:15 P.M. at the residence of the accused R.B. Lal. The members of the raiding party took position in the close vicinity of the room. The complainant pushed the call bell and he was ushered inside the house. Tainted G.C. notes of Rs.10,000.00 (each of Rs100 denomination) was given to the appellant by the complainant, which was accepted, counted and kept by the appellant. The conversation between the complainant and the appellant was heard by the team. Thereafter, on being signaled, he was apprehended.