JUDGMENT :

Anil Kumar Choudhary, J.

Heard the parties through video conferencing.

2. This appeal has been preferred against the Judgment of Conviction and Order of Sentence dated 06.02.2020 passed by the Additional Sessions Judge-II-cum-Special Judge, A.C.B., Dhanbad in Special (Vigilance) Case No.13 of 2012 (CNR No.JHDH01-006029-2012) whereby and where under, the learned court below has held appellant-convict guilty for the offences punishable under Section 7 and under Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988. The appellant-convict has been sentenced to undergo Rigorous Imprisonment for four years and to pay a fine of Rs.1,50,000/- for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and in default of payment of fine to undergo Simple Imprisonment for a period of six months. For the offence punishable under Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988, the appellant-convict has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.2,00,000/- and in default of payment of fine to undergo simple imprisonment of eight months. Both the sentences were directed to run concurrently.

3. The brief facts of the case is that the appellant-convict while posted as the Executive Officer of the Nagar Panchayat, Chirkunda demanded bribe of Rs. 6000/-from the complainant (PW4) for payment of the final bill amount of Rs. 175,000/-to him. As the complainant did not want to give the bribe, he filed a complaint with the S.P., ACB, Ranchi. The inspector of ACB, Ranchi Sri Keshab Kumar Choudhary (PW1) verified the allegations made in the complaint and submitted his report confirming the demand of illegal gratification by the appellant-convict as alleged in the written complaint submitted by the complainant. On the basis of the report submitted by PW1, this case has been registered. Investigation of the case was entrusted to DSP Dhaneswar Ram. A trap was successfully conducted on 12.06.2012. The appellant-convict was caught red-handed while accepting the bribe amount of Rs. 6000/-. After completion of investigation, charge-sheet for the offences punishable under Section 7 as well as 13 (2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 was submitted against the appellant-convict. Separate charges for the offences punishable under Section 7 and 13 (2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 were framed against the appellant-convict to which he pleaded not guilty and thus was put to trial.

4. In support of its case, the prosecution altogether examined 6 witnesses while no witness was examined by the defence.

5. Out of the witnesses examined by the prosecution, P.W.4 is the complainant himself. He has stated about the contents of his complaint submitted to the S.P., ACB. He also stated in detail about the pre-trap preparations. He further deposed that on 12.06.2012 at 12.30 p.m. he along with the members of the trap team reached Municipal Office of Dhanbad. He and the PW 1 -who was also the verifying officer went to the appellant-convict-who was in his office room. The PW4 requested the appellant-convict to pass his outstanding bill. At this, the appellant- convict demanded money from the PW4. Then the PW4 gave the tainted currency notes smeared with chemicals of Rs. 6000/-which was wrapped in a white paper. After receiving the bribe amount, the appellant-convict unwrapped the currency notes and after counting the same kept the same in the drawer of his table in the office and told the PW4 to come on the next date for collecting the chequ