SUBHASH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 27.4.2002 passed by learned Vlllth Additional Judicial Commissioner cum Special Judge (Vigilance), Ranchi, convicting the appellant under Sections 7/13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentencing him to undergo rigorous imprisonment for two years each under Section 7/13(1)(d) read with Section 13(2) of the said Act. The sentence was ordered to run concurrently.

(2.) APPELLANT was posted as Assistant Engineer in the Electricity Board, Ranchi at the relevant time. Ram Prakash Rai -Complainant (PW 8), lodged a written complaint to the Superintendent of Police (Vigilance) on 22.12.1988 alleging as follows : -

(3.) ON 27.12.1988, the complainant lodged another complaint with the Superintendent of Police (Vigilance) stating inter alia as follows : - On 22.12.1988 he gave an application for electricity supply to the appellant. The appellant asked for Rs. 5,000/ - as bribe. After several requests, ' 27/28.12.1988 was fixed for payment of Rs. 3,000/ - or Rs. 4.000/ -. On 22/23.12.1988, Shri Garbet Hembrom, Assistant Sub Inspector of Police (PW 6) also accompanied him for verification of his complaint. As the complainant could not arrange the said big amount he requested the appellant that he could arrange only Rs. 1.000/ - and he will pay the balance amount and in the meantime his work may be started. The appellant asked him whether he has brought Rs. 1,000/ -. He said that he has not brought but he has arranged the same. The appellant then told him to give the said amount to him in the office in course of the day, whereupon the complainant came back and was giving this information to the Superintendent of Police (Vigilance). On 27.12.1988 at 11 a.m., a team was constituted for trapping the appellant.