JUDGMENT :

Anil Kumar Choudhary, J.

1. Heard the parties through video conferencing.

2. The appellant has preferred this appeal against the Judgment of conviction dated 05.09.2008 and Order of sentence dated 08.09.2008, passed by the learned Additional Sessions Judge –VIII-cum-Special Judge, C.B.I, Dhanbad in R.C. Case No.7A/98D by which the appellant has been held guilty for the offences punishable under Section 7 and Section 13(2) read with 13 (1)(d) of the Prevention of Corruption Act, 1988 and has been sentenced to undergo Rigorous Imprisonment for a period of three years and fine of Rs.1,000/- under Section 7 of the Prevention of Corruption Act, 1988 and in default of fine to undergo Rigorous Imprisonment for two months. The appellant was further sentenced to undergo Rigorous Imprisonment for three years with fine of Rs.1,000/- for the offence punishable under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and in default of fine to undergo Rigorous Imprisonment for two months and it was ordered that both the sentences shall run concurrently.

3. The case of the prosecution in brief is that the appellant-accused- Sujeet Kumar Mukharjee demanded illegal gratification of Rs.200/- for handling and expediting the order of Assistant Labour Commissioner (Central), Dhanbad regarding payment of gratuity amount of the deceased father of the complainant in favour of his mother. The complainant made a complaint with the C.B.I. Sri. D. Murmoo verified the matter and submitted his verification report confirming the allegation made by the complainant. The appellant-accused – Sujeet Kumar Mukharjee on the date of occurrence was posted as Stenographer in the office of Regional Labour Commissioner (Central), Dhanbad and was attached to the Assistant Labour Commissioner (Central), Dhanbad. The appellant-accused was also in-charge of the Upper Division Clerk of Sri P.M. Srivastava, Assistant Labour Commissioner (Central), Dhanbad. A trap team was constituted. The trap was laid on 15.07.1998. The appellant-accused was caught red handed by the trap team upon demanding and accepting the bribe amount of Rs.200/- from the complainant in his office chamber. The said bribe amount was also recovered from the appellant-accused. The conversation between the complainant and the appellant-accused including the demand and acceptance of the bribe by the appellant-accused was heard and seen by the independent witnesses and the appellant-accused after accepting the bribe amount by his right hand counted the same using both his hands and kept the same in his right pant pocket. Both his hands and inner lining of the pocket of the appellant-accused were washed with sodium carbonate solution and colour of the solution turned pink. The same were sent for chemical examination and upon receipt of the sanction for prosecution and completion of investigation, charge sheet was submitted against the appellant-accused for having committed offences punishable under Sections 7 and 13 (2) read with 13 (1) (d) of Prevention of Corruption Act, 1988. Charges for the said offences were framed against the appellant-accused to which he pleaded not guilty and claimed to be tried.

4. In support of its case, the prosecution altogether examined nine witnesses while two witnesses were examined on behalf of the defence.

5. P.W.1 -Sohrab Ali is the complainant himself. He has stated that his father was working as Surface Trammer in BNR Kustore Colliery and after death of his father, P.W.1 was appointed as a General Mazdoor. His father did not submit Form-F regarding the nominee for the retirement benefits and gratuity. After death of his father, the gratuity amount was deposited by BCCL in the office of Assistant Labour Commissioner. P.W.1 being authorized by his mother submitted application for release of the gratuity amount. The case was closed on 03.06.1998 but the order of the case was not received by the P.W.1. On 13.07.1998 the P.W.1 went to the offi