RAM CHANDER SINGH Vs. CBI

JUDGEMENT

(1.) These two connected appeals assail the judgment dated 22nd January, 2002 convicting the appellants Ram Chander and Prem Dutt Sharma under Section 120-B of the Indian Penal Code (hereinafter referred to as IPC, for short) read with Sections 7, 13 (2) and 13(1)(d) of the Act, for short) and also for substantive offences under Section 7 and 13(2) read with Section 13(1)(d) of the PC Act. By order on sentence dated 30th January, 2002, the appellants Ram Chander and Prem Dutt Sharma have been sentenced to simple imprisonment for a period of one year for the offences punishable under Sections 120-B IPC read with Sections 7 and 13(2) read with Section 13(1)(d) of the PC Act and pay fine of Rs. 2,000/- each and in default of payment of fine, simple imprisonment for a period of 15 days. For the offences punishable under Section 7 of the PC Act the appellants have been sentenced to undergo simple imprisonment for a period of two years and fine of Rs.3,000/- and in default of payment of fine suffer simple imprisonment of one month. For the offences punishable under Section 13(2) read with Section 13(1)(d) of the PC Act the appellants have been sentenced to undergo simple imprisonment of three years with fine of Rs. 5,000/- and in default of payment of fine, undergo simple imprisonment of two months.

(2.) The allegations against the appellants are that they had demanded bribe from the complainant Sallan and the appellant Ram Chander was caught after he had accepted bribe of Rs.5,000/- pursuant to a trap, which was laid by the Central Bureau of Investigation (hereinafter referred to as CBI, for short). Facts of the case have been set out in detail in paragraph 2 to 6 of the impugned judgment, which for the sake of convenience are reproduced below:-

(3.) It is further stated that the complainant was released in the early hours of 30.3.94 by the said accused persons, who directed him to pay Rs.5,000/- by 4 PM on 30.3.94 i.e., the same day. The complainant met accused Prem Dutt Sharma and Ram Chander in P.S. Gokulpuri and expressed inability for arranging bribe amount whereupon both the accused told the complainant that they would come tomorrow, i.e, on 31.3.94 between 4 to 5 PM at the residence of his employer Sallaudin where the complainant was staying, to collect the bribe and also to meet with the said employer Sallaudin. Since the complainant did not want to pay the bribe, he lodged the complaint against the accused persons and the case was registered by the orders of SP who entrusted investigation to Sh. K.S. Joshi, Dy. SP for laying trap against the accused persons.