ESTHER SAROJINI ALEX Vs. STATE BY CBI POLICE

JUDGEMENT

(1.) HEARD the learned counsel for the accused and the respondent.

(2.) THE accused is in appeal before this Court. The facts of the case are as follows: The accused was said to be working as a Senior Telecom Office Assistant in the office of the Sub-Divisional Engineer, Indiranagar Telephone Exchange, Bangalore. She had visited Nagercoil in Tamil Nadu during October/November 2002 along with her husband one Alex and while at Nagercoil, the accused along with her husband, had visited the shop of one Joseph, who was running an establishment by the name and style of "Vijaya Cassettes". While purchasing cassettes in the said shop, she had introduced herself as the Personal Assistant to the General Manager, Bharat Sanchar Nigam Limited, Karnataka Circle (hereinafter referred to as 'BSNL' for brevity), and also learnt that the son of Joseph, one Danny Walker, had applied for the post of Junior Telecom Officer in Bharat Sanchar Nigam Limited, Tamil Nadu Circle and had further learnt that the said Danny Walker had not qualified in the written examination for the said post. The accused, it transpires, had assured Joseph that she would be able to secure appointment for his son Danny Walker as Junior Telecom Officer in BSNL, Karnataka Circle if a sum of Rs.2,25,000/- was paid. It was, therefore, stated that the accused had dishonestly and fraudulently induced Joseph to part with the said money and she had received this money by way of three demand drafts for a total amount of Rs.2,25,000/- during November 2002 and had encashed the demand drafts. But, she was not able to secure any employment for Danny Walker. It was, therefore, alleged by the complainant-Joseph that the accused, abusing her official position as a public servant, has dishonestly, fraudulently and by corrupt and illegal means, held out a promise that she was the Personal Assistant to the General Manager, BSNL, Karnataka Circle, and that she was in a position to arrange for appointment of Danny Walker to the post of Junior Telecom Officer, and therefore, had committed offences punishable under Sections 420 and 419 of the Indian Penal code read with and Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act' for brevity).

(3.) THE Court below, on perusal of the evidence and after hearing the documents of the prosecution as well as the defence at length and while supporting its reasons, has sentenced the accused to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.3,000/- and in default to pay the fine, to undergo rigorous imprisonment for a period of three months for an offence punishable under Section 419 of the Indian Penal Code; and also has sentenced the accused to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.5,000/- and in default to pay the fine, to undergo rigorous imprisonment for four months for an offence punishable under Section 420 of the Indian Penal Code and also sentenced the accused to undergo rigorous imprisonment for a period of four years and to pay fine of Rs.10,000/- and in default to pay the fine, to undergo rigorous imprisonment for six months for offences punishable under Sections 13(2) read with 13(1)(d) of the PC Act and all the sentences were to run concurrently, and of the fine amount, the sum of Rs.15,000/- was to be paid as compensation to the complainant, after the lien period was over. It is this, which is under challenge in the present appeal.