Advocates:
['DEEPAK KR SINHA', '', 'VIKAS PANDEY', 'RAKHI SHARMA', 'DIKSHA DWIVEDI', 'TRIPATI NATH VERMA']

1 Cr. Appeal (SJ) No. 365 of 2020

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Appeal (SJ) No. 365 of 2020

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[Against the Judgment of Conviction and Order of Sentence dated

06.03.2020 passed by the learned Special Judge, Anti-Corruption Bureau,

Ranchi in Vigilance (Spl.) Case No.05 of 2010]

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Kush Kumar Tiwary, Aged about 49 years, Son of Sri Madan Gopal

Tiwary, Resident of Ganghar, P.S. -Shahpur, Danapur, District -Patna

(Bihar) at present Q. No. B/1831, Side 4, Sector II, HEC Colony, P.O. -

Dhurwa, P.S. Jagarnathpur, District –Ranchi.

…………Appellant

Versus

The State of Jharkhand through Vigilance

……….Respondent

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For the Appellant

: Mr. Vikas Pandey,Advocate

For the State (ACB)

: Mr. Shekhar Sinha, P.P.

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PRESENT

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HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

C.A.V. ON 03.12.2020

PRONOUNCED ON 02.03.2021

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 06.03.2020 passed by the

learned Special Judge, Anti-Corruption Bureau, Ranchi in

Vigilance (Spl.) Case No.05 of 2010 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,

2 Cr. Appeal (SJ) No. 365 of 2020

1988 and sentenced him to undergo Rigorous Imprisonment for

two years and fine of Rs.10,000/- for the offence punishable

under Section 7 of Prevention of Corruption Act, 1988 and in

default of payment of fine to further undergo Rigorous

Imprisonment for six months. The appellant-convict has further

been sentenced to undergo Rigorous Imprisonment for two years

and to pay a fine of Rs.10,000/- for the offence punishable under

Section 13 (2) read with Section 13 (1) (d) of the Prevention of

Corruption Act, 1988 and in default of payment of fine to

undergo Rigorous Imprisonment for a period of six months. Both

the sentences were directed to run concurrently.

3.

The brief fact of the case is that the complainant (P.W.1)

submitted an application for settlement of land and fixation of

land revenue of a land in the records of which, the name of his

great grandfather was mentioned as a possessor of the land. The

appellant who was the Karamchari of Kisko Circle in the district

of Lohardaga demanded bribe of ₹ 8000/- in total that is ₹ 4000/-

at the beginning of the work and another ₹ 4000/- at the end of

the work. As the complainant was not intending to pay the bribe

amount, he approached the Vigilance Bureau by submitting a

written application addressed to the Deputy Inspector General of

Police, Vigilance Bureau, which has been marked Ext.1 in this

case. On the basis of the written application of the complainant,

P.W.4 conducted verification and finding the allegation of the

written application to be true, the P.W.4 submitted his report. On

the basis of the same, the F.I.R. of this case has been registered

3 Cr. Appeal (SJ) No. 365 of 2020

and a trap team was constituted. A successful trap was made on

16.02.2010 and the appellant-convict was caught red-handed

after accepting the bribe. The post trap formalities were done.

The P.W.10 being the I.O. of the case took charge of the

investigation, obtained the sanction for prosecution and after

completion of investigation submitted charge-sheet for the

offences punishable under Sections 7 and Section 13(2) read

with Section 13(1)(d) of the Prevention of Corruption Act,

1988. The charges for the said offences were framed against

the appellant-convict and upon his denying the charges, he

was put to trial.

4.

In support of its case, the prosecution has altogether

ex