AMARESHWAR SAHAY, J. - (1.) THIS appeal is directed against the judgment dated 27.2.2004 passed by the Special Judge, CBI -cum -lst Additional Sessions Judge, Dhanbad in RC Case No. 18(A)/1990 (R) whereby and whereunder the learned Special Judge convicted the appellant for the offence punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and sentenced him to undergo RI for a period of six months and to pay fine of Rs. 500/ - in default to undergo SI for a further period of three months for the offence under Section 7 of the Prevention of Corruption Act and RI for a period of one year and to pay a fine of Rs. 500/ - in default to undergo SI for a further period of three months for the offence under Section 13(2) of the Prevention of Corruption Act. However, both the sentences were directed to run concurrently.
(2.) THE prosecution case in short is that the information (PW 1) Radhika Raman, supervisor of M/s Pradeep Enterprises Construction, B.S. City, gave a written complaint to Dy. S.P., CBI, Ranchi alleging therein that on 17.10.1990 when he met the accused Krishna Bihari Singh he was demanding Rs. 10/ - for processing the Gate Pass. The accused Kirshna Bihari Singh insisted for the bribe of Rs. 10/ -otherwise he refused to send the Gate pass application to the Security Department. It is further alleged that the Additional Chief Vigilance Officer Sri N. Sudarshan of B.S. City informed the above matter to the SP, (CBI), Ranchi on telephone on 18.10.1990. On the said information, the SP, CBI, Ranchi directed Sri N. Jha Dy. SP, CBI, Ranchi to constitute a Team of Officers of CBI, Ranchi and to proceed for B.S. City in the morning of 19.10.1990. After reaching Bokaro, they were further directed to contact Sri G. Singh Senior Vigilance Officer of Bokaro Steel Limited at his residence for further action in the matter. The Dy. SP, GBI, Ranchi along with an another Dy. S.P. Sri Shravan Kumar and other officers of the CBI, Ranchi left as per the order of the SP, CBI, Ranchi for B.S. City on 19.10.1990 and contacted Sri Singh at his residence where the complainant Radhika Raman was also present there. The complainant submitted his written complaint to Mr. Jha, Dy. SP, CBI, Ranchi at the residence of Sri Singh from which it appears that the appellant had asked the complainant to meet him on 19.10.1990 with Rs. 10/ - and one photo for making Gate pass. The complainant was thoroughly examined by the officer of the CBI to ascertain the genuineness of the complaint and, thereafter, the trap was laid in presence of two independent witness and the appellant was caught red handed while demanding and accepting the illegal gratification of Rs. 10/ -from the complainant for the purpose of making Gate pass on 19.10.1990 at about 12.30 p.m. in CLC Section of Bokaro Steel Ltd., B.S. City. It further transpires that Sri Jha, Dy. SP, CBI, Ranchi after constitution of the trap team made a practical demonstration of the use and reaction of the phenolphthalein powder with the solution of Sodium Carbonate. The complainant produced Rs. 10/ - in the form of two G.C. Note of Rs. 5/ - each and they were treated with the phenolphthalein powder and given to the complainant with a direction to pay the same to the accused as bribe only on his demand. The residue to the phenolphthalein powder was kept in an envelope sealed and signed by all. The witnesses and the members were directed for the action to be taken at the place of occurrence. A memorandum covering the above actions was prepared and signed by all. The raiding party along with the complainant and the witnesses reached at the place of occurrence and took their respective position. The complainant along with the witnesses namely, D. Singh and R.S. Rawat entered into the office room and approached the accused Krishna Bihar Singh and the complainant handed over his photograph to him, who pinned up the same in the office copy of the application and when the accused asked for bribe then the complainant took out the said two treated G.C. notes of Rs. 5/ - each from his pocket and handed over to the accused Krishna Bihari Singh which the accused accepted by his right hand and kept the same in the upper drawer of his table. Thereafter, the complainant gave the fixed signal and on getting the signal the raiding party rushed to accused and after disclosing their identity challenged the accused for having demanded and accepted Rs. 10/ - as bribe from the complainant. On being challenged the accused admitted to have demanded and accepted Rs. 10/ - as bribe. Thereafter, the fingers of the right hand of the accused were washed In the solution of Sodium Carbonate and the solution turned pink. The solution was kept in a bottle, which was duly sealed and signed by all. The bribe amount was also recovered from the drawer of the accused, which was kept in an envelope duly sealed and signed by all.
(3.) IN order to establish the charges, altogether fourteen witnesses were examined by the prosecution and on the basis of the evidence adduced during trial, the learned Special Judge, CBI, convicted and sentenced the appellant as stated in the earlier paragraph.;