Advocates:
['NILESH KUMAR', '', 'AVISHEK PRASAD', 'ALKA KUMARI', 'ASMITA SHRIVASTAVA', 'GOURI S PRASAD', '', 'SURAJ VERMA']

1 Cr. Appeal (SJ) No.209 of 2020

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Appeal (SJ) No. 209 of 2020

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[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)]

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Anil Kumar, aged about 53 year, son of Late Madan Lal, Resident of

Kaushambi Apartment, P.O. and P.S. Lalpur, District -Ranchi,

Jharkhand.

… Appellant

Versus

The State of Jharkhand through Anti-Corruption Bureau

…

Respondent

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For the Appellant

: Mr. Nilesh Kumar, Advocate

For the A.C.B.

: Mr. Suraj Verma, Spl. P.P.

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PRESENT

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HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

C.A.V. ON 03.03.2021

PRONOUNCED ON 07.06.2021

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

2 Cr. Appeal (SJ) No.209 of 2020

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 ₹ 6000/-from the complainant (PW4) for payment of the

final bill amount of ₹ 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