STATE CBI HYDERABAD Vs. G PREM RAJ

JUDGEMENT

(1.) In this Appeal, the judgment of the High Court, allowing the appeal of the respondent herein and acquitting him of the offence punishable under Section 13 (1) (d) read with Section 13 (2) and Section 7 of the Prevention of Corruption Act (hereinafter called "the Act" for short) is in challenge, at the instance of the State.

(2.) The respondent, at the relevant time, was working as a Senior Engineer in MIDHANI at Hyderabad during the year 1998. One Preetpal Singh Sodhi of M/s. Hardeep Industries was awarded a contract for the construction of Structural Steel Sheds for VSSCstores at MIDHANI. He was accordingly informed to contact the respondent-accused for preparation of detailed programme of work schedule, as also for signing the original agreement. Accordingly, he met the respondent-accused and requested him to prepare a detailed programme of work schedule for enabling him to sign the agreement. This was in the last week of May, 1998. The respondent-accused demanded a bribe of Rs.50,000/- or at least to pay Rs.5,000/- as first installment by 27.5.1998, failing which the respondent-accused showed his reluctance to prepare the detailed programme of work. Being aggrieved by this illegal demand, the said Preetpal Singh Sodhi (hereinafter called PW-1) lodged a complaint against G. Prem Raj (respondent-accused) with SP, CBI, Hyderabad. It was alleged that there was a telephonic conversation between Preetpal Singh Sodhi (complainant - PW-1) and the respondent-accused, according to which the complainant was called at the Taj Mahal Hotel, Narayanguda, Hyderabad on 27.5.1998 for signing the agreement, as well as, for the demand of bribery. After the complaint was registered, a trap was led by one R.M. Khan, Inspector, CBI (PW-7), wherein two witnesses were called and the usual demonstration of the use of phenolphthalein powder was shown. The notes were soiled with the phenolphthalein powder. They were handed over to Preetpal Singh Sodhi (complainant) with the usual instructions that he would go to Taj Mahal Hotel along with M.N. Sampath Kumar (PW-2) while the other Panch, H. Ramakrishna Murthy (PW-4) would be reaching with the trap party. Specific instruction was given that unless the bribe was demanded by the respondent-accused, Preetpal Singh Sodhi (complainant) would not touch the notes kept in his pocket. Accordingly, Preetpal Singh Sodhi (complainant) along with the trap party reached the hotel, where at about 6 O'clock the respondent-accused also arrived on a scooter and parked the scooter in the parking area. Then Preetpal Singh Sodhi (complainant-PW-1) and the respondent-accused went inside the hotel followed by M.N. Sampath Kumar (PW-2). Preetpal Singh Sodhi (PW-1) and the respondent-accused occupied one table in the hotel and the next table was occupied by M.N. Sampath Kumar (PW-2). The agreements (Exhibits P-5 to P-8) were signed in Taj Mahal Hotel but the respondent-accused did not hand over the agreements to Preetpal Singh Sodhi (complainant). The complainant and the respondent-accused came out of the hotel, who were followed by M.N. Sampath Kumar (PW-2). Preetpal Singh Sodhi (complainant) and the respondent-accused reached near the scooter of the respondent-accused where the respondent-accused demanded the bribe money for handing over the copy of the agreement. Preetpal Singh Sodhi (PW-1) gave money which the respondent-accused accepted and kept the same in the scooter's bag. The respondent-accused handed over the copy of the agreement to Preetpal Singh Sodhi (complainant). In the meanwhile, M.N. Sampath Kumar (PW-2), who was watching the whole scenario, gave a signal to the trap party. The trap party reached immediately and apprehended the hands of the respondent-accused. The usual demonstrations were done in Taj Mahal Hotel itself, which showed that the fingers of the respondent-accused were soiled and they were dipped in the Sodium Carbonate solution. The said solution turned pink. The respondent-accused removed the currency notes from the bag and the same were seized. The Panchnama was executed there and a search was conducted in the house of the respondent-accused, but nothing incriminating was found. On this basis, the sanction was obtained for the prosecution which was granted vide Exhibit P-15 by Shri A.K. Taneja, the Sanctioning Authority (PW-8), and on that basis, the charge-sheet came to be filed.

(3.) In support of its claim, the prosecution examined Preetpal Singh (PW-1), M.N. Sampath Kumar (PW-2) and other seven witnesses including R.M. Khan (PW-7), the Investigating Officer, as also, PW-8, Sanctioning Authority. The documents were also presented and were proved and on that basis, the trial proceeded. The defence of the respondent-accused was that of denial. He examined himself as DW-1 and contended that he was framed, more particularly, by his superior officers. He particularly pleaded that there were many discrepancies including the discrepancy in the timing of the First Information Report (FIR). He also pleaded that there was no question of his preparing the detailed programme and in fact, the said programme was to be prepared by Preetpal Singh Sodhi (PW-1), the contractor himself and there was no question of his obliging the complainant by preparing the said programme. He pointed out that there was no question of obliging by signing the contract because the contract was already awarded in favour of Preetpal Singh Sodhi (complainant). He, therefore, described the whole prosecution case as false. The learned Trial Judge, however, found the respondent herein guilty and he was convicted for the offence charged.