AJAY GUPTA Vs. STATE THR CBI

JUDGEMENT

(1.) The appellant, vide the present appeal assails the impugned judgment dtd. 5/7/2003 and the impugned order on sentence dtd. 7/7/2003 of the then Special Judge, Delhi in RC No.80(A)/96/CBI/ACB/New Delhi whereby Ajay Gupta, the appellant herein, then posted as Sub-Inspector was convicted qua the commission of offences punishable under Sec. 7 and Sec. 13(1)(d) read with Sec. 13 (2) of the Prevention of Corruption Act, 1988, and was sentenced to undergo rigorous imprisonment for a period of four years with a fine of Rs.500.00 each under Sec. 7 and Sec. 13(2) of the Prevention of Corruption Act, 1988, with the substantive sentences having been directed to run concurrently and in default of the payment of the fine, the appellant was directed to undergo rigorous imprisonment for a period of three months on each count.

(2.) Vide order dtd. 29/8/2003, the sentence of the appellant was directed to remain suspended during the pendency of the appeal on his furnishing a personal bond in the sum of Rs.25,000.00 with one surety of the like amount to the satisfaction of the Trial Court.

(3.) During the pendency of the appeal, the applicant filed an application under Sec. 311 read with Sec. 391 read with Sec. 482 of the Cr.P.C., 1973, Crl.M.A. No. 8205/2005 seeking directions for recording of the additional evidence to further the interest of justice and to avoid miscarriage of justice and vide order dtd. 22/10/2005 thereon, the prayer made was allowed in terms of Sec. 311 read with Sec. 391 of the Cr.P.C.,1973, and the learned Trial Court was directed to examine the witnesses, Dr.C.S. Prabhu, Dr.Bipin Kumar, Dr.Sumit Sural, Konkan Kumar Mandal, i.e. the injured, the Incharge, VRK (South District) New Delhi with records and the In charge HAP Branch, VI Battalion, DAP and was directed to send the recorded evidence to this Court for the purpose of disposal of this appeal. The said witnesses were examined before the Trial Court.