- (1.) The appellant has filed this appeal for setting aside the Judgment of conviction and order of sentence dated 05.04.2006 passed by the Special Judge, C.B.I.CumAdditional Sessions Judge,XIIIth, Dhanbad in R.C. No. 16A/01D) whereby the appellant has been convicted for the offence under Section 7 and 13(2) read with 13(1) (A) and 13(1) (d) of the Prevention of corruption Act, 1988 and sentenced him to undergo Rigorous imprisonment of six months under section 7 of P.C. Act and further sentenced him to undergo imprisonment of one year under Section 13(2) of P.C. Act. Both the sentences shall run concurrently.
(2.) The prosecution case in brief is that Alijan Mian and Ram Prasad Sharma filed two separate complaint petitions before the Superintendent of Police, C.B.I. Dhanbad on 6.11.2001 alleging therein that the accused appellant, Suresh Prasad Singh had demanded Rs.100/ from each of them as illegal gratification for delivery of cheque issued in their favour towards payment of bonus for the year 20002001. Thereafter, the said complaint petition was referred to the S.I., C.B.I. (P.W.8) for verification. After verification he submitted the verification report (Ext13) and the complainants were found genuine and correct. Thereafter, the case was instituted against the appellant under Section 7 and 13(2) read with 13(1) (A) and 13(1) (d) of the Prevention of corruption Act, 1988. On taking up the investigation, P.W.9 made arrangement to lay a trap on the aforesaid accused. The office of the Koyla Nagar Town Administration, BCCL, Dhanbad was contacted and requested to send two officers/officials to the office of S.P., CBI, Dhanbad on 06.11.2001 to act as independent witnesses. The Personnel Manager, KNTA, BCCL, Dhanbad was pleased to depute Narendra Kumar Sinha, Sr. Technical Superior and Birendra Kumar Lalla, Revenue Inspector for this purpose. A team of CBI officials was constituted and the complainants Ali Jan Mian and Ram Prasad Sharma were introduced to all including the aforesaid independent witnesses. The procedure for lying the trap and used of chemical powder were explained to the member of the team by practical demonstration. The two complainants were asked to produce Rs.100/each as the said amounts were brought by them to pay the same to the accused Suresh Prasad Singh as illegal gratification. The numbers of G.C. Notes were noted in the preliminary memorandum and the said notes were treated with phenolphthalein powder thereafter, the said notes handed over to the complainant Alijan Mian and Ram Prasad Sharma for giving the same to the accused appellant when he will demand the money, according to the arranged plan. Thereafter, all the team members went to the office of the accused appellant but at that time as the counter was closed all them entered through the platform. Alijan and the Ram Prasad Sharma both the complainants accompanied by the C.B.I. officers, entered into the office. Thereafter, Ram Prasad Sharma demanded the cheque from the accused appellant on which the accused appellant asked as to whether they have brought Rs.100/. On this, both the complainants handed over the two notes of hundred rupee thereafter the accused appellant took the signature of the complainants on the pay sheet and gave them their cheques. The accused appellant kept the aforesaid notes in the pocket of the shirt, on being signal, the C.B.I. officers immediately caught hold the appellant and recovered the aforesaid two currency notes from his pocket. The trap party after doing due formalities, arrested the accused appellant and the case was registered against him. After completing the investigation, the charge sheet was filed against him under the aforesaid sections of the Prevention of corruption Act, 1998.
(3.) The prosecution has examined ten witnesses to prove the prosecution case. They are namely P.W.1 Alijan Mian (complainant), P.W.2 Ram Prasad Sharma (complainant), P.W.3 Birendra Kumar Lala (shadow witness), P.W.4 Narendra Kumar Sinha (Shadow witness), P.W.5 Neeraj Verma (Sanctioning authority), P.W.6 B.C. Purkait (Expert of CFSL), P.W.7 Kumar Abu Baker (Senior Divisional Cashier), P.W.8 Rajesh Kumar Prasad (Verifying officer), P.W.9 Umesh Kumar (I.O.), P.W.10 Ramadhar Mahto and defence has examined two witnesses namely D.W.1 Radha Prasad Verma, D.W.2 Kaushal Kishore Singh.;