Special Case No. 65/1998 arising out of Vigilance P.S. Case No. 43/88 — State (Vigilance) vs [name withheld] (Cr. App (SJ) No. 184 of 2009)
Special Judge (Vigilance-1st), Patna convicted ASI of Dhanarua PS on 21 February 2009 in Special Case No. 65/1998 for demanding Rs 1,000 from [name withheld] of Majhanpura to spare his brother [name withheld] (arrested at 3 AM on 4 September 1988 despite a bail order, assaulted, released after the father paid Rs 400), holding him guilty under PC Act Sections 7 and 13(2)/13(1)(d) with 2 years RI per count. The Patna High Court on 11 April 2019 dismissed his appeal, holding demand and voluntary acceptance proved and the Section 20 presumption unrebutted, and ordered him to surrender.
This page documents a trial-court conviction from the cited sources below. It is not a High Court or Supreme Court finding; the conviction may have been appealed. Findings are attributed to the convicting court; this record does not add findings of its own.
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By judgment dated 11 April 2019, the Special Judge, Vigilance-1st, Patna convicted the Assistant Sub-Inspector, Dhanarua Police Station, Patna district, Bihar Police.
- Register number
- BR 01 CW 0012
- Case reference
- Criminal Appeal (SJ) No. 184 of 2009; reported in the judgment of the Patna High Court
- Court and date
- The Special Judge, Vigilance-1st, Patna, 11 April 2019
- Officer(s) at the material time
- Assistant Sub-Inspector, Dhanarua Police Station, Patna district, Bihar Police
- Present service status
- Not ascertained from the cited sources.
- Provisions invoked
- Section 7 of the Prevention of Corruption Act, 1988; Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988
- Finding of the Court (extract)
- “It is crystal clear that the twin requirements as held by the Apex Court is found duly substantiated whereupon, this appeal lacks merit and is, accordingly, dismissed.”
- Verdict, sentence and quantum
- Conviction recorded by the trial court. Sentence: Trial court: 2 years RI + Rs 1,000 fine u/s 7; 2 years RI + Rs 1,000 fine u/s 13(2)/13(1)(d) (3 months SI in default of each); concurrent. UPHELD: Patna HC (Aditya Kumar Trivedi, J., Cr. App (SJ) 184/2009, 11 April 2019, AIRONLINE 2019 PAT 479) dismissed the appeal — twin requirements (demand + voluntary acceptance) proved, Sec 20 presumption unrebutted; bail cancelled, surrender within fortnight
- Present status of the proceedings
- The conviction was affirmed in appeal.
Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.
Special Judge, Vigilance-1st, Patna convicted the accused police personnel on 11 April 2019. The conviction was upheld on appeal. Appeal text.
Sentence & charges
Sentence: Trial court: 2 years RI + Rs 1,000 fine u/s 7; 2 years RI + Rs 1,000 fine u/s 13(2)/13(1)(d) (3 months SI in default of each); concurrent. UPHELD: Patna HC (Aditya Kumar Trivedi, J., Cr. App (SJ) 184/2009, 11 April 2019, AIRONLINE 2019 PAT 479) dismissed the appeal — twin requirements (demand + voluntary acceptance) proved, Sec 20 presumption unrebutted; bail cancelled, surrender within fortnight
Sections: PC Act 1988 s.7; PC Act 1988 s.13(2) r/w s.13(1)(d)
Appeal status
Upheld on appeal. Appeal text