BHARAT RAJ MEENA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) These appeals arise out of a common anti-corruption investigation conducted by the Central Bureau of Investigation pursuant to FIR No. RC19(A)/2005/KER/CBI registered on 4/8/2005 by the Anti-Corruption Branch, CBI, Kochi, on allegations that the appellant, while serving as Divisional Security Commissioner, Railway Protection Force, Palakkad, had abused his official position by demanding and obtaining illegal gratification through subordinate officials acting as intermediaries from Railway Protection Force personnel seeking transfers, postings and other service-related benefits. The investigation culminated in the filing of multiple final reports and the institution of several prosecutions founded on distinct alleged transactions of illegal gratification.

(2.) The present appeals arise from two such prosecutions, namely C.C. No. 2 of 2014 and C.C. No. 3 of 2015 on the file of the learned Special Judge (SPE/CBI)-III, Ernakulam. By judgment dtd. 31/5/2016 in C.C. No. 2 of 2014, concerning the allegations made by complainant Nandakumar (PW-6), the learned Special Judge convicted the appellant for offences punishable under Ss. 7 and 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 (Hereinafter referred to as "the Act ") and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,00,000.00, with a default sentence of six months ' simple imprisonment, no separate sentence being awarded under Sec. 7 of the Act.

(3.) By a separate judgment of the same date in C.C. No. 3 of 2015, concerning three transactions i.e., allegations made by T.V. Rajan (PW-9), C.K. Aravindan (PW-10) and N.P. Gopi Kumar (PW-11), the appellant was convicted under Ss. 7 and 13(2) read with Sec. 13(1)(a) of the Act and sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs.25,000.00 each, with a default sentence of three months ' simple imprisonment, in respect of the offences under Sec. 7 pertaining to the transactions involving alleged bribe giver C.K. Aravindan (PW-10) and Gopi Kumar (PW-11), and further sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,00,000.00, with a default sentence of six months ' simple imprisonment, for the offence punishable under Sec. 13(2) read with Sec. 13(1)(a) of the Act, all substantive sentences being directed to run concurrently.