The conviction under the Prevention of Corruption Act requires proof of demand and acceptance of illegal gratification, which was established in this case.

JUDGMENT :

Subhash Chand, J.

1. This Criminal Appeal has been preferred against the judgment of conviction and the order of sentence dated 01.06.2011 passed by the learned Additional District & Sessions Judge-I-cum- Special Judge, C.B.I., Dhanbad in R.C. Case No. 7/01(D), whereby and whereunder, the appellant has been convicted under Sections 7 and 13 (2) r/w 13(1) (d) of the P.C. Act and sentenced him to undergo R.I. for two years under Sections 7 and 13 (2) r/w 13(1) (d) of the P.C. Act each along with fine of Rs. 5000/- under each Section and in default of payment of fine, he was directed to undergo R.I. for six months. All the sentences were directed to run concurrently.

2. The brief facts of the prosecution case leading to this Criminal Appeal are that the complainant, Mritunjay Kumar Singh, son of Sri Shree Singh, R/o Ghanoodih, P.O. Jharia, P.S. Tisra, District Dhanbad (Jharkhand) lodged a written complaint in Hindi on 11.07.2001 addressed to the Superintendent of Police, C.B.I., Dhanbad alleging therein that the accused, Ajit Kumar Tigga, clerk in the office of General Manager, Telephones, BSNL, Dhanbad had demanded a sum of Rs.2000/- from him as illegal gratification for processing his application form for sanction of a Telephone PCO Booth connection in his favour. The allegations made in the complaint dated 11.07.2001 by the complainant was verified by Sri B.N. Roy, Inspector of Police, C.B.I. Dhanbad. In compliance of the order of Superintendent of Police, C.B.I., Dhanbad, B.N. Roy submitted his verification report on 11.07.2001 to the Superintendent of Police, C.B.I., Dhanbad confirming that the allegations made in the written complaint of the complainant are genuine and correct and, accordingly, the FIR was registered on 11.07.2001 as Case Crime No. RC 7(A) of 2001(D) under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 against the accused Ajit Kumar Tigga, Clerk in the office of General Manager (Telecom), BSNL, Dhanbad.

2.1 On this written information, an arrangement was made to lay the trap against the accused to apprehend him redhanded while demanding and accepting the illegal gratification of Rs.2000/- from the complainant.

2.2 A pre-trap formalities were observed in presence of two independent witnesses, namely, Sri Vani Bhushan Upadhayay, Personal Manager (Vig.) and Balram Prasad, Sr. Inspector, (Vig.) both officers of Executive Director (vig.), BCCL, Koyla Bhawan, Dhanbad, who remained associated with the trap laying party in the capacity of independent witnesses. A preliminary memorandum incorporating therein the details of pre-trap formalities observed was prepared in presence of the said two independent witnesses, the complainant and officers of CBI trap laying team and all the aforesaid persons put their signature on the preliminary memorandum in token of its correctness and genuineness. After observing the pre trap formalities in CBI Office, Dhanbad, all the aforesaid persons left the CBI office, Dhanbad for office of accused Ajit Kumar Tigga in the office of General Manager, Telecom, BSNL, Dhanbad situated at CTO Building, adjacent to GPO/Dhanbad Head Post Office and reached there at 11.45 hours. All the members of the CBI raiding team, said witnesses and the complainant were also briefed and instructed to be alert to take the suitable position. Thereafter, the complainant duly followed by Vani Bhushan Upadhayay, the shadow witness entered into the office of the accused in the commercial Section and the accused Ajit Kumar Tigga was found sitting on his office chair. The complainant requested to accused to process his application for sanction of Telephone PCO Booth and to prepare and send the advice to Jharia Telephone Exchange etc. On this request of the complainant, the accused asked to the complainant had he brought Rs.2000/- with him as demanded and desired by him. The complainant replied in affirmative. The accused asked him to hand over the tainted money to him by st