PRATYUSH KUMAR,J. - (1.) The instant appeal filed, on behalf of the accused-appellant, is directed against the judgment and orders dated 30th November, 2015 passed by Special Judge (Prevention of Corruption Act) Court No. 5, Gorakhpur in Special Case No. 48 of 2008 (State v. Ramji Yadav) whereby the appellant has been convicted under Section 7 of the Prevention of Corruption Act, 1988 and punished with rigorous imprisonment of three years and fine of Rs.10,000/-, in default of payment of fine, he has been further directed to undergo imprisonment of four months, under section 13(1)(d) r/w section 13(2) of the said Act he has been convicted and sentenced to undergo rigorous imprisonment of four years and to pay fine of Rs. 20,000/-, failing which to undergo additional imprisonment of six months.
(2.) Heard Sri Kamal Krishna, Senior Advocate, assisted by Sri Pradeep Kumar Rai, learned counsel appearing for the appellant, Sri V.P. Singh Kashyap, learned Additional Government Advocate for the State-respondent and perused the lower court record.
(3.) The facts giving rise to the present appeal may be noticed as under : That on 4th October, 2008 Smt. Meena Devi gave a written report addressed to In-charge Inspector, Anti Corruption Cell of the Vigilance Establishment, Gorakhpur, stating these in that her daughter Km. Rani aged 12 years was kidnapped on 14th June, 2008 by Rakesh and Arvind, she made a search for the girl but without success. She approached the police of police station concerned but they did not pay any heed to her complaint, on 05.07.2008 they only entered the information of missing of her girl thereafter she moved an application to the District Magistrate, on whose order case was registered, investigation was entrusted to Sub Inspector Ramji Yadav, In-charge police outpost Lalghat, P.S. Jiyanpur, District Azamgarh. Ramji Yadav, first demanded Rs. 5000/- from her to recover the girl, she could arrange only Rs. 3000/- but he did not recover the girl and only arrested the accused person and sent them jail. Now he was accusing her and demanding Rs. 2000/- more, he had asked her to bring money at 9.00 a.m. on 06.10.2008 at police outpost Lalghat or Lalghat market, she requested the arrest of the appellant. ;