SUDESH KAUSHIK Vs. CBI

JUDGEMENT

(1.) The present appeal under Sec. 374 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") has been filed by the appellant for setting aside the impugned judgment dtd. 28/7/2009, and the order on point of sentence dtd. 30/7/2009 passed by learned Special Judge, CBI, Patiala House Courts, New Delhi in CC No. 26/04, whereby the appellant was convicted for offences punishable under Ss. 7 and 13(2) read with Sec. 13(1)(d) of Prevention of Corruption Act, 1988, (hereinafter as "P.C. Act, 1988"). The relevant portion of order of sentence is reproduced as under:

(2.) By virtue of order dtd. 31/8/2009, the present appeal was admitted and the sentence of the appellant was suspended.

(3.) The case of the prosecution has been recorded by the learned Trial Court. The details of the same are that one Sh. Gagan Hoon, the complainant in present case, was called in P.S. Vasant Vihar by appellant on 9/4/2004 in reference to a complaint given by Ms. Elizabeth against him and his mother. The concerned SHO asked the complainant to join the inquiry and cooperate with the appellant. The appellant, after having a close meeting with the SHO for a few minutes, then informed the complainant that he should pay Rs.12,000.00 to her if he wanted to finish the case and the same would be paid to the SHO. Since the complainant was not having any money, so on his request, the appellant agreed to accept the bribe amount in installments, first being of Rs.2,000.00 in the coming week. However, since the complainant was not willing to pay any bribe to the appellant, he approached the office of Superintendent of Police, ACB/CBI CGO complex, New Delhi on 15/4/2004 and on the basis of his complaint, a case was registered against the appellant and entrusted to Mr. A.K. Pandey, Inspector for laying a trap on the same day.