- (1.) This appeal has been preferred by the appellant against the judgment and order of sentence dated 18.8.2000 and 22.8.2000 respectively, passed in R.C. Case No. 12(A)/92(D) (State v. Parmeshwar Dayal) by Special Judge (CBI), Dhanbad, whereby, the appellant has been convicted and sentenced to undergo R.I. for two years under Sections 7 and 13(2) read with Section 13(1)(d) of the P.C. Act, 1988 each, which shall be run concurrently. The appellant has further been sentenced to pay a fine of Rs. 1000/- under Section 13(2) r/w Section 13(l)(d) of the P.C. Act, 1988 and in default of payment thereof, further to undergo R.I. for five months.
(2.) Feeling aggrieved by the said conviction and sentence passed by the learned Trial court, this appeal has been preferred by the appellant before this Court.
(3.) In nutshell, the prosecution case is that the complainant, Mustafa Hussain had been working as an Assistant Cook in the Running Room, Eastern Railway, Khelari and the accused appellant, Parmeshwar Dayal had been working as a Head Clerk in the office of the Loco-Foreman, Eastern Railway, Patratu. The complainant. Mustafa Hussain fell ill from 18.2.92 to 24.6.92 and a fitness memo along with sick certificates were given in the office of Parmeshwar Dayal where, he met the accused-appellant in his office on 25.6.92 and gave a medical fitness certificate. It is the procedure that the Locomotive Inspector office would receive the said fitness certificate and would forward it to the competent authority according the period of the leave. The appellant was working in the office of the Inspector, Loco-Foreman, ER, Patratu as a head clerk. He received the said certificate in the month of June, 1992 and he demanded a sum of Rs. 1000/- from the complainant. Further, he said that he would only allow to join him duties and do the needful if a sum of Rs. 1000/- is paid. On 19.8.92, when the complainant again met with him, he demanded a sum of Rs. 1000/- for the same. The complainant instead of giving the illegal gratification to the appellant, he approached the office of S.P., CBI, Dhanbad on 31.8.92. After writing the complaint petition, he submitted the same to the S.P. concerned. The said complaint was verified by the CBI Officers, when it was found to be correct in the verification report, the report was lodged against the appellant and a Trap Proceeding was conducted. P.W.-10, R.K. Choubey was directed by the S.P., CBI to conduct a raid and P.W.-12, Dhiraj Kshetrapal was also directed to be a member of the Raiding Party. Thereafter, the raiding party came to Marar along with the CBI Personnel where more witnesses namely, Hari Shankar Choudhary, P.W.-11 and Bharat Singh, P.W.-6 were called in the guest house and pre-trap proceeding were conducted and thereafter, a sum of Rs. 1000/- after treating in Phenolphthalein powder was handed over to the complainant for handing over to the accused appellant in his office. Thereafter, the trap party along with witnesses left for Patratu on 3.9.92 to the office of the accused appellant. When the raiding party reached near the office, they found that the accused appellant was sitting in the office of Loco-Forman Patratu, Eastern Railway. The trap was arranged according to the direction of R.K. Choubey, the leader of the Raiding Party. The shadow witnesses Harishankar Choudhary, P.W.-11 and Bharat Singh, P.W.-6 were also directed to watch the proceeding of handing over the money and conversation made between the accused and the complainant. The raiding party took the position according to the direction of the Inspector, R.K. Choubey. The complainant met the accused-appellant, Parmeshwar Dayal in his office and he requested to join him in the duties but the same was refused by the appellant and the appellant stated that he would prepare his documents for joining the duties only when he would pay him a sum of Rs. 1000/- as illegal gratification. Firstly, he refused to pay the money but the appellant insisted for the payment of money as illegal gratification. Since the complainant had gone there with money, he handed over the same to the appellant, when he demanded the money. The accused inquired him as to how much the money was, at that, he replied that it was Rs. 1000/-. The currency notes, which were handed over by the complainant to the appellant, were counted by the appellant and after counting the amount, kept the same in the back pocket of his pant. Immediately, thereafter, the signal was made and the raiding party alongwith the CBI Inspector reached at the spot and the accused-appellant was caught red handed and the money was recovered from the pocket of the pant of the accused-appellant and it was sealed on which the trapping team including R.K. Choubey put their signatures. The hands as well as the pocket of the pant of the accused-appellant were washed in solution, on which the colour of the solution turned into pink as the currency notes were treated with phenolphthalein powder. Seizure memo was prepared on the spot, thereafter, the accused appellant was taken into custody and the matter was investigated by R.K. Choubey, P.W. 10 and he submitted the chargesheet in this case before the competent court.;