JUDGMENT :

1. Heard Mr. Jitesh Kumar, learned counsel appearing on behalf of the appellant.

2. Heard Mr. Rohit Sinha, learned counsel appearing on behalf of the CBI.

3. This appeal is directed against the judgment and order dated 21.02.2008 passed in R.C. Case No. 8(A)/2005 A.H.D by the Court of learned 7th Additional Judicial Commissioner-cum-Special Judge, CBI, Ranchi whereby and whereunder he has convicted the appellant under Sections 7 and 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the P.C. Act) and sentenced the appellant to undergo rigorous imprisonment for a period of three years under Sections 13(2) read with Section 13 (1) (d) of the P.C. Act and to pay a fine of Rs. 6,000/- and in case of default the appellant will further undergo simple imprisonment for one year and half month and for the offence under Section 7 of the P.C. Act sentenced the appellant to undergo R.I. for two years and to pay a fine of Rs. 4,000/- in case of default, simple imprisonment for one month and directed all the sentences to run concurrently.

The prosecution story

4. The prosecution story is that Shri R.S.P.V.S. Saibabu, Malaria Khalasi (Medical), South Eastern Railway, Tatanagar, Distt. East Singhbhum, Jharkhand visited CBI, office Ranchi on 06.07.2005 with a complaint to the effect that Shri Dilip Kumar Mukherjee, Health Inspector, South Eastern Railway, Tatanagar, Distt. East Singhbhum, Jharkhand (hereinafter referred to as the appellant) has demanded illegal gratification of Rs. 3,000/- from him for showing favour in the matter of allotment of Railway Quarter to him. Since the complainant was semi-literate, Shri N.K. Jha, sub-inspector, on the request of the complainant, reduced the oral statement of the complainant into writing. He himself typed it on the computer of the branch. After it was reduced into writing, Shri Jha explained the contents of the complaint to the complainant in Hindi and after finding the contents of the complaint to be true, the complainant made his signature on it. Following the receipt of complaint, the Superintendent of Police directed Shri Dasrath Murmoo, Inspector of Police, CBI, AHD, Ranchi (P.W.8) to test the veracity or otherwise of the allegation levelled in the complaint. P.W.8 verified the demand by the appellant and confirmed that appellant has agreed to accept Rs. 1500/- as first instalment of illegal gratification from the complainant, after negotiation, as the complainant was not in a position to pay Rs. 3,000/- at a time. P.W.8 submitted verification report (Exhibit – 14) on 13.07.2005 recommending for registration of a regular case. Hence this case was registered as RC-8(A)/2005-AHD-R against the appellant under Section 7 of the PC Act, 1988 and Shri A.K. Jha, Inspector of Police, CBI, AHD, Ranchi (P.W. 11) was entrusted for investigation.

5. It was decided to get hold of the appellant red handed by laying a trap consequently Pre trap formalities, as detailed in Pre-Trap memorandum, were observed. It is the case of the prosecution that appellant was caught red handed in his office chamber at the office of Chief Health and Food Inspector, South Eastern Railway, Tatanagar, Distt. East Singhbhum on 14.07.2005 while demanding and accepting a bribe of Rs. 1500/- from the complainant in the immediate presence of CBI officials constituting the trap team and two independent shadow witnesses namely Shri Samir Kumar Chakraborty, Asst. Manager, Union Bank of India, Jamshedpur (P.W.3) and S.S. Das, Lead District Manager, Bank of India, Kadma, Jamshedpur (P.W.5). It is alleged that on being disclosed by the appellant, the tainted GC Notes of Rs. 1500/- were recovered from Shri Dhaneshwar, Safaiwala (P.W.7) posted in the office of appellant in presence of the members constituting the trap team, the aforesaid two independent witnesses and Shri Parimal Kumar Chakraborty, the Chief Health and Food Inspector, S.E. Railway Tatanagar (P.W.6). The post trap formal