Anil Kumar Choudhary, J. - (1.) Heard the parties through video conferencing.
(2.) The appellant has preferred this appeal being aggrieved by the Judgment of conviction and Order of Sentence dated 20.11.2003 passed by learned 4th Additional Sessions Judge-Cum-Special Judge, C.B.I., Dhanbad in R.C. Case No.26A/94 D whereby and where under the learned court below has held the accused-appellant guilty of having committed offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs.500/- and in default to undergo simple imprisonment of six months and further sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/- for the offence punishable under Section 13 (2) of the Prevention of Corruption Act, 1988 and in default to undergo simple imprisonment of six months.
(3.) The case of the prosecution in brief is that the complainant Basudev Yadav was working as a substitute porter at Garhwa Railway Station and whenever any permanent porter goes on leave, the complainant used to work in his place and accordingly, he used to receive his salary. The accused-appellant was working there as a head clerk in pay bill section and was preparing the salary of the complainant. It is alleged that the accused-appellant used to demand illegal money, some days prior to making the complaint and upon the complainant not paying the money; he used to reduce the number of days for which the complainant worked. On 26.09.1994 when the complainant approached the accused-appellant, the accused-appellant demanded Rs.500/- from him and told that if the complainant does not pay him the money, in future he will continue to prepare his salary bill at a reduced rate. As the complainant did not want to give money, he filed the complaint addressed to the S.P., C.B.I. Dhanbad. The inspector of C.B.I. Dhanbad Sri A. K. Jha verified the facts of the complaint and submitted his report; on the same day i.e. on 26.09.1994. In course of verification, the inspector of C.B.I. accompanied the complainant to the D.R.M. Office, Dhanbad where the complainant approached the accused-appellant who was the dealing clerk of the pay bill section attached to the senior D.P.O. Dhanbad and requested for not deducting his salary. The accused-appellant demanded Rs.500/- for doing this favour. The said inspector of C.B.I. verified the identification of the accused-appellant from which it was found that the accused- appellant was the head clerk of the pay bill section dealing with transportation staffs of Garhwa Railway Station. It is also the case of the prosecution that the accused-appellant prepared the bill of the complainant up to April 1994 on the basis of attendance register which was forwarded by the Station Master and prepared less salary bill of the complainant; for the month of May 1994. Pre-trap formalities were prepared for apprehending the accused-appellant red handed while receiving the bribe amount and the team was prepared including independent witnesses. On 27.09.1994 at 10:00 A.M., the members of the team assembled along with two independent witnesses and were introduced to each other and the contents of the complaint was read over to all the assembled persons and phenolphthalein powder was applied on one paper and the witness Bal Kishun Sharma was told to touch the said paper and the palm of the said witness was immersed in Sodium Carbonate solution, after which the colour of the solution Sodium Carbonate changed to Pink. The complainant had brought Rs.500/- consisting of five notes each of Rs.100/- and phenolphthalein powder was applied to each of the said notes. The said notes were handed over to the complainant with the instruction that he will hand over the same to the accused-appellant only if the accused-appellant demands the amount. A preliminary memorandum was prepared and all the members of the trap team along with independent witnesses as well as the complainant reached the office of the D.R.M. of Eastern Railways. The complainant Basudev Yadav and the shadow witness Om Prakash Sharma went to the office of the accusedappellant. The accused-appellant stopped his work on seeing the complainant and told the complainant to wait outside. The complainant and the shadow witness Om Prakash Sharma waited at the corridor. After sometime, the accused-appellant came out from the hall and met the complainant. The accused-appellant asked the complainant as to whether he has brought the money after which the complainant told the accusedappellant that as the accused-appellant demanded Rs.500/-, hence, with much difficulty, he has arranged the same. At this the accused-appellant told the complainant to hand over the same quickly as there was too much rush in the office on that day. Thereafter the complainant asked the accused-appellant as to what will happen to his work. On this the accused-appellant told the complainant to go back and from that day onwards salary for 31 days will be made in respect of the complainant. Thereafter, the complainant with his right hand brought out Rs.500/- kept in the top pocket of his shirt and handed over the same to the accusedappellant. The accused-appellant received the said notes in his right hand and counted the same using both of his hands and kept the said money in his right hand.;