- (1.) The appellant has preferred this appeal against the judgment dated 30/1/1995 passed by the Special Judge, (CBI), Ranchi in R.C. Case No. 16 of 1993, whereby and whereunder the learned Special Judge convicted the appellant for the charges under Sections 7 and 13 (2) read with 13 (1) (c) of the Prevention of Corruption Act, 1988 and sentenced him to undergo R.I. for a period of 5 years under each count.
(2.) The appellant, who at the relevant time was a Junior Executive (Personnel) in Foundry Forge Plant (in short F.F.P.) in Heavy Engineering Corporation (in short H.E.C.) against him one Jhagru Ram (PW-2) submitted a writ-ten complaint with the S.P., CBI, Ranchi on 27/7/1993 complaining therein the the took voluntary retirement on 31/3/1993 as Rigger in F.F.P,. H.E.C., Dhurwa, Ranchi. Since he was not getting his payment after his voluntary retirement and, as such, he met the appellant on 26/7/1993 in his office in connection with his payment. The appellant demanded Rs. 400/- from the said complainant for doing his work by way of illegal gratification. On receipt of such complaint from the afore-said Jhagru Ram, after verification, a trap was laid on 27/7/1993 in the office of the appellant and then the CBI people caught the appellant red handed after he demanded and accepted the amount of Rs. 400/- from the said complainant (PW-2) and the aforesaid money of Rs. 400/- was recovered from his possession in presence of PW-1 and PW-5. After the money was recovered from the possession of the appellant his both hands were washed in the solution of Sodium Carbonate and then the milky white solution of sodium carbonate turned Pink. The pink solution was separately kept in two bottles, which were sealed and signed in presence of the witnesses. The appellant produced tainted currency note from his possession which were compared with the serial number of notes mentioned in the pratap memorandum by the witnesses and they tallied in toto. Since the money after being receipt was kept by the appellant in his right pocket of the trouser and, therefore, after arranging for an another trouser for the appellant, the trouser which he was wearing and from which the money was recovered, was taken out from him and the right pocket of the said trouser was washed in a fresh solution of sodium carbonate, the colour of which thereof turned pink. This solution was also preserved in a separate bottle and the trouser of the appellant was also kept in a envelope, which was duly sealed and signed in presence of the witnesses. The proforma application for clearance of the complainant Jhagru Ram was found on the table of the appellant and that was also seized.
(3.) The defence of the appellant was total denial of the charge levelled against him and he took specific defence that the complainant Jhagru Ram had taken some articles from the General Stores run by wife of the appellant prior to the alleged occurrence on credit and a sum or Rs. 402/- was lying due against him, which on repeated demands also was not being paid by the complainant Jhagru Ram. Regular demand of money by the appellant had caused annoyance to the complainant and due to that reason the complainant got the appellant falsely implicated in this case.;