# Special Case No. 18 of 1989 arising out of Vigilance P.S. Case No. 60/77 — State vs \[name withheld\] (Cr. Appeal (SJ) No. 295 of 1993)

HTML version: [https://datalibertarian.in/babuwatch/trial-court/t2-09-002](https://datalibertarian.in/babuwatch/trial-court/t2-09-002)
Record JSON: [https://datalibertarian.in/babuwatch/data/case/t2-09-002.json](https://datalibertarian.in/babuwatch/data/case/t2-09-002.json)

Trial-court conviction (Special Judge (Vigilance), South Bihar, Patna; Special Court (ACB)). Convicted 4 September 1993. Appeal status: Upheld on appeal.

## Summary

The Special Judge (Vigilance), South Bihar, Patna convicted ASI on 4 September 1993 for accepting Rs 500 gratification on 9 December 1977 to refrain from arresting the complainant, holding the charges under IPC Sec 161 and PC Act 1947 Sec 5(2) r/w 5(1)(d) proved beyond reasonable doubt. The Patna High Court (Kishore K. Mandal, J.) on 30 March 2009 dismissed his appeal, relying on an independent witness (school principal PW-1) to the trap, search and seizure, but reduced the sentence to 3 months RI per count with Rs 2,000 fine given the 32-year pendency and his superannuation. The conviction itself was upheld.

## Report card

By judgment dated 4 September 1993, the Special Judge (Vigilance), South Bihar, Patna convicted the Assistant Sub-Inspector, Morhan outpost, Sabour Police Station, Bhagalpur, Bihar Police.

- Register number: BR 10 CW 0004
- Case reference: Special Case No. 18 of 1989
- Court and date: The Special Judge (Vigilance), South Bihar, Patna, 4 September 1993
- Officer(s) at the material time: Assistant Sub-Inspector, Morhan outpost, Sabour Police Station, Bhagalpur, Bihar Police
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 161 of the Indian Penal Code, 1860; Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947
- Finding of the Court (extract): “The trial court on appraisal of the evidence brought on record found and held that the charge(s) so framed against the appellant stood proved beyond reasonable doubts and accordingly he was convicted under Section 161 of the Penal Code and …”
- Verdict, sentence and quantum: Conviction recorded by the trial court. Sentence: Trial court: RI 1 year under each count + Rs 1,000 fine under Sec 5(2). On appeal (Patna HC, 30 March 2009, appeal dismissed), sentence modified to RI 3 months under each count + Rs 2,000 fine (15 days RI in default), concurrent; bail bonds cancelled, directed to surrender
- Present status of the proceedings: The conviction was affirmed in appeal.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/362273/); [Appellate judgment](https://indiankanoon.org/doc/362273/); [Permanent link to this record](https://datalibertarian.in/babuwatch/trial-court/t2-09-002)

## At a glance

- Category: Bribery & extortion
- Sub-category: bribery pc act
- Location: Bhagalpur, Bihar
- Officers: Assistant Sub-Inspector, Morhan outpost, Sabour Police Station, Bhagalpur, Bihar Police
- Sentence: Trial court: RI 1 year under each count + Rs 1,000 fine under Sec 5(2). On appeal (Patna HC, 30 March 2009, appeal dismissed), sentence modified to RI 3 months under each count + Rs 2,000 fine (15 days RI in default), concurrent; bail bonds cancelled, directed to surrender
- Verification: V2 · Trial court