M.SAMIL SHAH Vs. STATE

JUDGEMENT

(1.) This appeal is filed by the accused who faced trial for the offences punishable under Sec. 7 and 13(2) read with sec. 13(1)(d) of Prevention of Corruption Act (' PC Act ' for short) in the court of Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bengaluru. The allegations leveled against him are as follows:

(2.) PW1-Mujeeb Ahmed made a complaint to the Superintendent of Police, CBI, Bengaluru on 5/4/2010 that the accused who was working as Inspector of Railway Protection Force, Diesel Shed, Krishnarajapuram demanded from him bribe of Rs.50,000.00 for not to implicate him in a theft case. When PW1 expressed his inability to arrange Rs.50,000.00, accused reduced his demand to Rs.30,000.00. PW1 paid Rs.20,000.00 to the accused in two installments. On 5/4/2010, accused contacted PW1 over the phone and demanded for balance of Rs.10,000.00. When PW1 pleaded difficulty to mobilize Rs.10,000.00, accused reduced the amount to Rs.7,000.00 and asked to call him next day to ascertain the place where he had to pay him Rs.7,000.00. After this demand, PW1 went to the Office of CBI and made complaint as per Ex.P.1. Pursuant to this complaint, FIR was registered and trap was laid on 6/4/2010. The tainted money was recovered from the accused. Further investigation led to charge sheeting the accused.

(3.) The prosecution examined 6 witnesses and produced 19 documents (Ex.P.1 to P.19) and 8 material objects (M.O.1 to 8). Defence got marked 13 documents (Ex.D.1 to D.13). Assessing the evidence, the trial court found the accused guilty of both the offences and sentenced him to rigorous imprisonment for three years and fine of Rs.10,000.00 with default imprisonment for six months for the offence under sec. 7 of PC Act, and rigorous imprisonment for two years and fine of Rs.5,000.00 with default imprisonment for four months for the offence under sec. 13(2) read with 13(1)(d) of PC Act .