AMARESHWAR SAHAY, J. - (1.) THE appellant Chandra Chur Jha, Inspector of Railway Protection Force, Chakradharpur and one M.M. Banarjee, an Assistant Sub -Inspector of Railway Protection Force, Chakradharpur were charged under Sec.161/120 -B of the Indian Penal Code read with Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act, 1947 and were tried in R.C. Case No. 8/86 by the 4th Additional Judicial Commissioner - cum -Special Judge, C.B.I. Ranchi. By the impugned Judgment dated 04.04.1998, both the accused including the appellant were held guilty under Sec.161/120 -B of the Indian Penal Code and under Section 5(1)(d) of the Prevention of Corruption Act by the Trial Court and they were sentenced to undergo Rigorous Imprisonment for a period of one year each separately under Sec.161/120 -B of the Indian Penal Code as well as under Section 5(1)(d) of the Prevention of Corruption Act and also to pay fine of Rs. 500.00 (Rupees Five Hundred) each for the said offences separately and in default to serve Rigorous Imprisonment for six months on each count.
(2.) THE prosecution case in short is that the C.B.I. Ranchi Office received a complaint against the appellant and the other co -accused who were posted as S.I. - cum - O/C posted at Chakradharpur R.P.F. Post, that they used to extract illegal gratification from Railway employees of their jurisdiction by registering false cases. The allegation were of serious nature and as such were directed to be inquired by Dy. S.P.(C.B.I.) Shri R.K. Bhattacharya. Sri Bhattacharya alongwith Inspector B.N. Sharma, S.I. Panigrahi and other police officials went to Chakradharpur and on reaching to Chakradharpur, the inquiring team contacted the source and came to know that the last victim of the accused persons was one Sarveshwar Panda who was being coerced to give Rs. 2,000.00 by way of illegal gratification for his release from a case which was registered against him under Sec.3 (a) of the U.P.(R.P) Act. The aforesaid Sarveshwar Panda gave him a written complaint on 13.03.1986 stating the actions of the accused persons and thereby confirming that those accused persons were in habit of accepting illegal money in discharge of their official duties to help such persons. In the complaint petition, it was alleged that the complainant was falsely implicated in a case for possessing railway wooden rejected sleepers by the appellant and he demanded Rs. 3,000.00 from Sarveshwar Panda to release him from the case on 13.01.1986. On 12.03.1986, he again contacted the appellant at his residence and on that day, he demanded Rs. 2,000.00 . However, it was finally fixed at Rs. 1,200.00 out of which, Rs. 700.00 was to be paid next day or positively on 14.03.1986 in his office otherwise, he would submit the chargesheet. It was however alleged that that other co -accused M.M. Banarjee was also talking in the same line.
(3.) THE Dy. S.P.(C.B.I.) Shri R.K. Bhattacharya being satisfied with the correctness of the allegations, planned a trap to catch the accused persons i.e. the appellant and the other co - accused M.M. Banarjee red handed and accordingly, he directed the complainant Sarveshwar Panda to see him on the next day at P.W. D.I.B. at 7:30 A.M. with the money to be paid in presence of independent witness.;