FAIZUR RAHMAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal appeal is directed against the Judgment of conviction and order of sentence passed by learned Special Judge, CBI (Other than A.H.D., Ranchi) in R. C. 07(A)/2003(R), whereby the appellant has been held guilty for the offence under Sec. 7 P. C. Act and under Sec. 13(1)(d) read with Sec. 13(2) of the P.C. Act, 1988 and sentenced to undergo RI for two years and to pay fine of Rs.10,000.00 for the offence punishable under Sec. 7 of the P.C. Act and to undergo RI for two and half years and fine of Rs.10,000.00 for the offence punishable under Sec. 13(1)(d) read with Sec. 13(2) of the P.C. Act and in default, to undergo SI of one year.

(2.) The complainant is Smt. Violet Kachhap who was senior Telephone Operator in Central Mines Planning and Design Institute Ltd.(CMPDIL) and had applied for sanction of study advance of Rs.60,000.00 two months ago, which was forwarded to the office of the Regional Commissioner, Coal Mines Provident Fund, Ranchi (C.M.P.F). On 31/3/2003, complainant contacted the appellant/accused who was posted as Upper Division Clerk (UDC) in C.M.P.F office had made a demand of Rs.2,000.00 as illegal gratification for getting the said advance sanctioned and asked her to make the said payment on the very same day at 5 P.M.

(3.) On the said complaint, S.P., CBI, Ranchi directed Sri B. C. Chourasaia, Inspector of C.B.I. to verify the allegation and after verification, CBI registered FIR being R. C. 07(A)/2003(R) under Sec. 7 of the P.C. Act against the appellant/accused.