B P GAUTAM Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THIS Appeal is directed against the judgment dated 27.12.2013 in S.T. (Vigilance) Case No. 01 of 2010 passed by the Learned Special Judge, Prevention of Corruption Act, 1988, East and North Sikkim at Gangtok, by which the Accused/Appellant was convicted for offence under Sections 7, 13(1)(a) of the Prevention of Corruption, Act 1988 (in short "P.C. Act") and under Sections 384, 385 Indian Penal Code (in short "IPC") and sentenced to undergo simple imprisonment of one year and to pay a fine of Rs.10,000/ - (Rupees ten thousand), in default of payment of which to undergo further simple imprisonment of one year for the offence under Section 7 of the P.C. Act, 1988; simple imprisonment of one year and fine of Rs.15,000/ - (Rupees fifteen thousand) in default of payment of which to undergo further simple imprisonment of one year for the offence under Sections 13 (1) (a) P.C. Act, 1988 and, simple imprisonment of one year each for the offences under Sections 384 and 385 I.P.C. All the sentences were to run concurrently.

(2.) THE gravamen of the Prosecution case put shortly, is that a written complaint dated 18.01.2009 was received by the Sikkim Vigilance Police Station from P.W.46, Sumitra Rai, a candidate in the recruitment process of Forest Guards in the Forest Environment and Wildlife Management Department, Government of Sikkim, who had sat for the test, stating that the Accused/Appellant, a Joint Secretary (Administration) of the Department, had demanded illegal gratification of Rs.50,000/ - (Rupees fifty thousand) from her in exchange of her being appointed as Forest Guard which she was unwilling to pay.

(3.) ON the basis of this, Sikkim Vigilance Police Station Case No. R.C. 1/2009 under Section 7 of the P.C. Act, 1988 was registered against Accused/Appellant and investigation taken up. On the very day of the complaint i.e., 18.01.2009, Pre -trap exercise was conducted by the first Investigating Officer (in short the "I.O.") (K. B. Gadaily), in the presence of the Complainant, two independent witnesses, namely, Kunga Lepcha (P.W. 50), and Karma Thendup Bhutia (P.W. 1), and Officers of the Sikkim Vigilance Police .