JUDGMENT :

Heard the parties through Video Conferencing.

2. This appeal has been preferred by the appellant-convict being aggrieved by the Judgment of conviction and order of sentence dated 16.05.1998 passed by learned Special Judge, C.B.I. (South Bihar), Patna in Special Case No.74/85 whereby and where under, the learned court below has held the appellant-convict guilty for the offences punishable under Section 165A of the Indian Penal Code read with Section 120B of the Indian Penal Code and sentenced the appellant-convict to undergo Rigorous Imprisonment for one year. This appeal was originally filed in the Patna High Court but after creation of the High Court of Jharkhand, the appeal stood transferred to this court.

3. The brief facts of this case is that the co-convict, Sri Sib Nath Bodhak (since deceased and his Cr. Appeal (SJ) No. 203/1998 has since been abated) while functioning as Branch Manager of Thakurganj Branch of Bank of India in Ranchi, misused his financial position and took illegal gratification from the appellant-convict, who was the borrower of the said bank through the cheque bearing No.1044261 of Rs.4,000/- dated 11.11.1980 and utilized the same for purchasing the demand draft of Rs.7,750/- in favour of M/s Ranchers Marketing Company, Ranchi for purchasing of a motorcycle and in lieu of this illegal gratification paid by the appellant-convict, the wife of the appellant-convict was sanctioned a loan of Rs. 25,000/- for the purpose of purchasing a vehicle and the brother-in-law of the appellant-convict namely Subodh Kumar was sanctioned a cash credit limit of Rs. 25,000/- in utter disregard to the norms/rules of the bank, by the said co-convict Branch Manager of the said bank. In the FIR besides the allegation of taking the bribe from the appellant-convict, also the allegations have been made against the said co-convict, the then Branch Manager of Bank of India of having received bribe from many other account holders/borrowers of the bank also. After investigation of the case by the CBI, charge sheet was submitted against the appellant-convict and the said co-convict for having committed offences punishable under Sections 109, 120B, 161, 165, 165A of the Indian Penal Code and Section 5(1) (d) read with Section 5 (2) of Prevention of Corruption Act, 1947. Separate charges for the offences punishable under Section 165 A and for the offences punishable under Sections 109, 161, 165 of Indian Penal Code were framed against the appellant-convict for having on 11.11.1980 at Thakurganj in the district of Ranchi abetted Sib Nath Bodhak, Branch Manager, Bank of India, who was a public servant, in commission of the offence punishable under Section 161 and 165 of the Indian Penal Code.

4. The appellant-convict pleaded not guilty to the charges and claimed to be tried. Hence he was put to trial.

5. In support of its case, the prosecution altogether examined twelve witnesses. Out of the witnesses examined by the prosecution, P.W.1- Samiur Rahman has stated that in the year 1980, he took Rs.2,000/- from the Bank of India, Thakurgaon Branch for purchasing buffaloes, but the buffaloes died within a short while. Thus he has not stated anything to incriminate appellant-convict in this case.

6. P.W. 2- P. Tirkey was the staff officer of Bank of India at the time of his examination as witness in the court. He has stated that it is an essential condition that a person who avails the vehicle loan, must have driving license, experience in the field and interest in the concerned work and is also capable of returning the loan. Hence, the females are not given such loans. In his cross-examination, he has stated that he was not examined by the police. He further stated that Bank gives loan to the persons who do not have driving license as absentee owner.

7. P.W. 3–Ramakant Mishra who was the Deputy Chief Officer, Industrial Relations of the Bank of India at the time of his examination in court. He has stated that he conducted one enquiry agai