ROSHAN LAL SAINI Vs. C B I

JUDGEMENT

(1.) M.N. Sharma and Roshan Lal Saini, the appellants herein have preferred above referred separate appeals against the impugned judgment dated 28.09.2005 of learned Special Judge, Delhi holding them guilty of the offences punishable under Section 120B IPC read with Section 7 and 13(2) read with Section 13(1)(d) of P.C. Act and the consequent order on sentence dated 30.09.2005 in terms of which both the appellants were sentenced.

(2.) Briefly stated, the facts relevant for disposal of these appeals are that Vijay Kumar, a Document Writer, having a seat at the office of Sub-Registrar visited the office of CBI and submitted a written complaint (Ex.PW6/A) alleging that he had presented three sale deeds vide receipts dated 30th July, 1998, 06th August, 1998, 12th August, 1998 and a partition deed vide receipt dated 29th July, 1998 at the office of Sub-Registrar/Tehsildar, VI-C, Rampura, Delhi for registration. The concerned Sub-Registrar i.e. the appellant M.N.Sharma stopped the registration process of those documents and verbally asked him to bring `No Objection Certificate' for the registration of the documents whereas there was no requirement of `No Objection Certificate' in respect of transactions of properties situated in Old Gupta Colony and New Gupta Colony and that the appellant M.N.Sharma had earlier registered several documents/sale deeds of that area without insisting for NOC. Vijay Kumar, complainant further claimed in his complaint that on 20th August, 1998, appellant M.N.Sharma demanded a bribe of ` 6500/- @ ` 2000/- per sale deed and ` 500/- for the partition deed for registering those documents and he made it clear that he would not register the documents till the money asked by him was paid to him. On the basis of said complaint, formal FIR RC/DA I/0047/98 47(A)/98 (Ex.PW7/A) was registered on 27th August, 1998 at about 11.30 a.m. and the investigation was entrusted to Inspector P.Balachandran (PW7) of Anti-Corruption Branch, CBI.

(3.) Inspector P.Balachandran, on receipt of the FIR, organised a raid and he went through the formalities of pre-raid proceedings in which the complainant produced Rs. 6500/- to be used for the bribe money. After making preparation for the raid, the trap party proceeded to office of Sub-Registrar Rampura. There they came to know that Sub- Registrar had left the office at 2.30 p.m. and he was expected to return to the office at 5.30 p.m. For that reason, the raid was called off and complainant Vijay Kumar and the witnesses Devender and Arshad Ali were asked to come again to the CBI office on the next day. 28th