R.K.MERATHIA, J. - (1.) THIS appeal is directed against the judgment dated 27.4.2002 passed by learned Vlllth Additional Judicial Commissioner cum Special Judge (Vigilance), Ranchi, convicting the appellant under Sections 7/13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentencing him to undergo rigorous imprisonment for two years each under Section 7/13(1)(d) read with Section 13(2) of the said Act. The sentence was ordered to run concurrently.
(2.) APPELLANT was posted as Assistant Engineer in the Electricity Board, Ranchi at the relevant time. Ram Prakash Rai -Complainant (PW 8), lodged a written complaint to the Superintendent of Police (Vigilance) on 22.12.1988 alleging as follows : - That he was an educated unemployed person and he decided to start a work of steel fabrication cum printing press at Jagdeo Nagar, Ranchi and for this, he enquired from 'Bara Babu' of the Electricity Board -S.N.P. Singh, who told him that he will have to incur expenses of about Rs. 12.000/ - which includes Rs. 6,000/ - as the official expenses. After great persuasion Rs. 5.000/ -was fixed as bribe. S.N.P. Singh took him to the appellant when he was told to make application etc. The appellant also told him that the official expenses will be Rs. 6,000/ - and he will have to pay Rs. 5,000/ - as a bribe for getting electrical connection easily. He being poor and unemployed person was unable to pay the bribe and he wanted that the appellant, who asked for bribe, should be caught red handed. The said complaint was forwarded by the Superintendent of Police (Vigilance) to the Assistant Sub Inspector of Police (A.S.I.) -Garbet Hembrom (PW 6) to enquire and report immediately. PW 6 enquired into the matter and submitted an enquiry report dated 23.12.1988 (Ext. 2) to the Superintendent of Police (Vigilance) stating inter alia as follows : - He went to the office of the appellant at 1.25 p.m. along with the complainant. The appellant was not in the office. On enquiry, he was told that the appellant will be available at about 3 -3.30 p.m. Again at 3.30 p.m., they went. Complainant went in the chamber of the appellant. PW 6 started hearing their conversation standing near the open gate at some distance. The complainant asked about the Bara Babu -S.N.P. Singh/Appellant told that he is not available. Appellant asked the complainant to tell about his work. The complainant gave the requisition form for electric connection to the appellant. The appellant endorsed to the cashier for registering the same on taking Rs. 10/ - and told the complainant to get the receipt on the following day in the first half as the cashier was not available at that time. Then the complainant said that he is not in a position to pay Rs. 12,000/ - which was estimated for giving electrical connection. The appellant asked him to pay Rs. 6,000/ - to him. and to take receipt of the balance amount of official expenses of Rs. 6,000/ -. The complainant requested the appellant to reduce the amount of Rs. 6,000/ -. Then the appellant asked to pay Rs. 5,000/ -. The complainant requested to reduce the amount further. The appellant said that some Government expenses can be reduced but the complainant should pay him Rs. 5,000/ - as early as possible. The complainant asked for some time to arrange the money. The appellant asked him to come on Tuesday/Wednesday in the next week. The complainant said that he will pay Rs. 3,000/ - or Rs. 4,000/ - on that day and the balance Rs. 1,000/ - will be paid later on. The appellant agreed to this. On 23.12.1988, when the complainant and PW 6 went to the cashier for registration of the application, the cashier issued receipt of the previous date i.e. 22.12.1988. Therefore, from the conversation, it was clear that the appellant was demanding Rs. 5,000/ - illegally. The appellant is going to accept Rs. 3,000/ - or Rs. 4,000/ - from the complainant on 27/28.12.1988.
(3.) ON 27.12.1988, the complainant lodged another complaint with the Superintendent of Police (Vigilance) stating inter alia as follows : - On 22.12.1988 he gave an application for electricity supply to the appellant. The appellant asked for Rs. 5,000/ - as bribe. After several requests, ' 27/28.12.1988 was fixed for payment of Rs. 3,000/ - or Rs. 4.000/ -. On 22/23.12.1988, Shri Garbet Hembrom, Assistant Sub Inspector of Police (PW 6) also accompanied him for verification of his complaint. As the complainant could not arrange the said big amount he requested the appellant that he could arrange only Rs. 1.000/ - and he will pay the balance amount and in the meantime his work may be started. The appellant asked him whether he has brought Rs. 1,000/ -. He said that he has not brought but he has arranged the same. The appellant then told him to give the said amount to him in the office in course of the day, whereupon the complainant came back and was giving this information to the Superintendent of Police (Vigilance). On 27.12.1988 at 11 a.m., a team was constituted for trapping the appellant.;