VISHNUDEO NARAYAN, J. - (1.) THIS appeal at the instance of the appellant stands directed against the impugned judgment and order dated 27.1.2000 passed by Shri P.K. Sinha No. II, 1st Additional Judicial Commissioner -cum - Special Judge (CBI), Ranchi in R.C. 7(A)/92R whereby and whereunder the appellant was found guilty for the offence punishable under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, (hereinafter referred to as the said Act) and he was convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/ - and rigorous imprisonment for one and half years and to pay a fine of Rs. 500/ - respectively and in default thereof to under rigorous imprisonment for one month each under both the counts. However, the sentences were ordered to run concurrently.
(2.) THE prosecution case has arisen on the basis of the first information report (Ext. 10) lodged before Delhi Special Police Establishment Ranchi Branch by PW 8, P.K. Panigrahi, Inspector CBI, SPE, Ranchi on 16.4.1992 at 8 hours regarding the occurrence which is said to have taken place on 14.4.1992 at 20.00 hours on the basis of the written report (Ext. 13) of PW 5 Gopal Prasad Sahu lodged before the Superintendent of Police, CBI Ranchi. The case of the prosecution, in brief, is that PW 5 Gopal Prasad Sahu lodged a complaint in writing to S.P., CBI, Ranchi stating therein that he had give a telephonic information to the Divisional Security Commissioner, Railway Protection Force, Adra, on 10.41992 at 22.00 hours that the properties of the railway worth rupees one lac has been kept in the house of one Nehar Kant Dubey, a Railway Contractor, and also in his other thereof four houses and on this information the appellant, who was the Sub - Inspector of Railway Protection Force, Muri, as per the direction and instruction of the said Divisional Security Commissioner, R.P.F. Adra made raid and conducted search at the several houses of the said contractor and several 3s and properties belong to the railway were recovered from there but the appellant only made a seizure of two pieces of railway -lines. It is alleged that thereafter the appellant also made a raid at the house of this complainant and has falsely shown the recovery a line -key" from his house taking it out of his pocket and the appellant also arrested him alone with said Nihar Kant Dubey and brought them and confined them in the lockup of R.P.F It is alleged that the appellant released Nihar Kant Dubey from the lockup after five hours out he has forwarded him to Chakradharpur Court on 11.4.1992 where he was released on bail on 13.4.1992. It is further alleged that the appellant came to his shop on 14.4.1992 at about 20.00 hours and on being said to him that he has helped the railway protection force but inspite of that he has been falsely implicated in a got -up case and at this the appellant promised to help him in the case on payment of Rs. 500/ - to him by the complainant as illegal gratification and on his refusal to make payment of Rs. 500/ -aforesaid he was told that he will have to go behind the bars once again. It is also alleged that he does not intend to pay illegal gratification as demanded by the appellant but he has stated to him that he will come to his residence with the said amount on 16.4.1992 after making arrangement.
(3.) IT is alleged that after verification of the allegation by interrogating the complainant, this case was instituted.;