R TARA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and and order of sentence dated 30/09/2013, passed by the A.J.C. XVIIIcumSpecial Judge, CBI (other than AHD Scam), Ranchi, in R.C. Case No. 23(A) of 2004 R, whereby and whereunder the Court having found the appellant guilty for the offence punishable under Sections 7 and 13 (2) read with Section 13(1)(d) of the Prevention of Corruption Act, sentenced him undergo R.I. for one year and to pay fine of Rs. 1,000/ for the offence punishable under Section 7 of the PC Act and further to undergo R.I for two years and to pay fine of Rs. 2,000/ for the offence under Section 13(1)(d) read with Section 13(2) of the PC Act, and in default of payment of fine to undergo S.I for two months and four months respectively. Both the sentences were directed to run concurrently.

(2.) THE case of the prosecution, as it appears from the FIR, PreTrap Memorandum (Ext.16), Post Trap Memorandum (Ext.20), is that the complainant Yashwant Kumar Verma (PW4), Secretary, Koyla Mazdoor Sangh, Bhurkunda, District Hazaribagh, approached to appellant Tara Prasad, the then Security Inspector, CCL, Bhurkunda on 27/10/2004, for getting four of his Union men deputed at Weigh Bridge and Sales Department of Bhurkunda Colliery through the Project Officer of the said Colliery. The appellant, for getting the job done, asked for Rs. 5000/ as illegal gratification. When it was told by the complainant that it would not be possible for him to pay the same, the appellant told him to pay Rs. 2000/ at the first instance, failing which the Union Men would never be deputed.

(3.) ON completion of the investigation and on procuring order sanctioning prosecution (Ext.1), accorded by Rajendra Prasad Ritolia, ChairmancumManaging Director, CCL, Ranchi, charge sheet was submitted, upon which cognizance of the offence was taken against the appellant.