PRADEEP KUMAR, J. - (1.)THIS appeal is directed against the order of conviction and sentence dated 25.1.2002 passed by Sri Devendra Kumar Lal, VIIth Additional Judicial Commissioner -cum -Special Judge ( Vigilance), Ranchi, in Special Case No. 12 of 1988 ( Patna Vigilance P. S. Case No. 38 of 1988), by which judgment the learned trial court found the sole appellant, Balram (B. Ram) guilty under Section 5(i) (d) of the Prevention of Corruption Act, 1947 read with corresponding to Section 13(i)(d)(ii) of the Prevention of Corruption Act, 1988 and Section 7/13(ii) of the Prevention of Corruption Act, 1988 and sentenced him to undergo R.I. for one year under Section 13(i)(d)(ii) of the Prevention of Corruption Act, 1988 and Section 7/13(ii) of the Prevention of Corruption Act, 1988 each.
(2.)THE prosecution case was started on the basis of a written complaint made by the informant, Sheo Dayal Oraon on 17.8.1988 stating therein that his father had three brothers. His elder uncle had died issueless one year ago leaving behind his wife, who wanted to sell the share of his elder uncle. The informant and his brothers had made objection. Whereupon an inquiry was made by the Anchaladhikari (Circle Officer), Lapung, who had demanded Rs. 2000/ - as bribe to give report in their favour.
On the basis of the said complaint, a case was registered under Section 5(ii) and 5(i) (d) of the Prevention of Corruption Act. The S.I. (Vigilance) then submitted a written report to the Superintendent of Police (Vigilance), Ranchi on 26th of August, 1988, the day on which the appellant, Balram (B. Ram) received money. The Dy.S.P. (Vigilance) got the number of currency notes, which was to be given to the accused. On the same day the informant and his brothers went in the office of the Circle Officer and gave money to him and brother of the informant left the place. Then, Dy. S. P. (Vigilance) with other team members entered into his office and in presence of independent witnesses the money was recovered from his pocket of the full pant. Thereafter, the fingers of the accused were deeped in the solution of sodium carbonate and after chemical examination, the accused was apprehended and remanded to jail custody.

(3.)AFTER investigation the police submitted charge -sheet against the accused -appellant, Balram (B. Ram) and the case was tried by 7th Additional Judicial Commissioner -cum -Special Judge (Vigilance), Ranchi, who found the appellant guilty as aforesaid.