1. This is an appeal under Section 374(2) of the Cr.P.C. from the judgment of conviction dated 18.03.2015 delivered in case No. Special (PC) 06 of 2013 by the Special Judge, West Tripura, Agartala. By the said judgment, the appellant has been convicted under Section 13(1) (d) (ii) of the Prevention of Corruption Act, 1988. Section 13(1) (d) (ii) of the Prevention of Corruption Act, 1988 encompasses abuse of position by a public servant in order to obtain for himself or for any other person, any valuable things or pecuniary advantage. Based on the conviction, the appellant has been sentenced to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.10,000/- with default imprisonment.

2. The genesis of the prosecution for the said criminal misconduct is rooted in the complaint filed by one Jibesh Shyam Roy, a Sub-Inspector of Police who was posted at the relevant point of time in Kamalasagar Outpost under Bishalgarh Police Station. In the said written complaint, the informant disclosed that on 22.04.2013, he had been in Harihardola in connection with an investigation with the appellant [Assistant Sub-Inspector of Police, ASI in short], Sri Ajit Sarkar [Constable] and Abul Hossain [Constable]. From the said suo motu complaint filed by the said Sub-Inspector of Police, it has surfaced that the informant on reaching the house of the victim girl, took her…..[the name of the victim withheld for purpose of protecting her identity] for identifying the place of occurrence for drawing hand sketch map etc. The informant-police officer asked the appellant to follow him to the place of occurrence [P.O] but the appellant informed him that huge quantity of dry cannabis [ganja] was stored under the mud floor of dwelling hut of Kalpana Das [the mother of the victim girl]. The appellant was insisting for digging the mud floor but as the informant was in a hurry to visit the place of occurrence of a heinous crime, he left that place directing the appellant to follow him, but he did not, rather he stayed at the residence of Kalpana Das with those constables. After the informant left the house of the victim girl, the appellant and the constables entered in the dwelling hut of Kalpana Das. At that time, Shibani Das [the married sister of the victim girl] and her son, Sanjit Das were present in the dwelling hut. They searched even the ceiling of the dwelling hut ‘but failed to find anything in the dwelling hut’. The police personnel went out of the dwelling hut to the courtyard, but the appellant came back to Kalpana Das and told her that ‘the A/Ps arrested in c/w Bishalgarh P.S. case No.93/13 would get bail in the coming month. After the bail they would return to Harihardola and might create severe problems for the victim and her family members. ASI Sambika Paul asked Kalpana Das to pay him Rs.10,000/- (ten thousands) only so that he could help her out. He convinced her that if she gave him Rs.10,000/- he would see to that the arrested A/Ps did not get bail early. Kalpana Das, a helpless widow took money from her elder daughter, Shibani Das and gave Rs.9000/- to ASI Sambika Paul inside the dwelling hut. When the money was handed over to the officer, ASI Sambika Paul asked Kalpana Das not to divulge the real fact if I enquired in to it. In case of any queries she should tell that the she had handed over Rs.5,000/- only. I along with ASI Sambika Paul and staff took departure from Harihardola at about 1900 hrs on that day after investigation in BLG PS case No.93/13 U/S 376(g) IPC.

On 23.04.13 I learnt from some source that ASI Sambika Paul had brought money from Kalpana Das. On enquiry, ASI Sambika Paul also admitted that he had taken money from Kalpana Das.”

3. Based on the said written complaint dated 19.07.2013 [Exbt.4], Bishalgarh P.S. case No.149/2013 under Section 448 of the IPC and under Section 13 of the Prevention of Corruption Act, 1988 was registered and taken up for investigation. On completing the investigation, th