STATE OF JHARKHAND Vs. SWAMINATH PRASAD

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 20.1.1995 passed by the Special Judge, CBI in RC 12(A) 91R whereby the learned trial Court had acquitted the respondent from the charge under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988.

(2.) THE gist of the charge is that in his capacity as a public servant employed in the Town Administration Department. Estate Section of the Bokaro Steel Plant at Bokaro. the accused/respondent had. on 11.6.1991, demanded and received rupees fifty as illegal gratification from the complainant. A Kumar, an employee of the Bokaro Steel Plant, and has thereby obtained for himself pecuniary benefit by illegal means.

(3.) THE trial Court considered the evidence on record and observed that there were several inconsistencies in the evidences of witnesses on the point of demand by the accused for illegal gratification and also on the point of recovery of the tainted currency notes from his possession. The points on the basis of which the trial Court recorded its inference in favour of the accused are: