C.B. RAI Vs. C.B.I

JUDGEMENT

(1.) This is an appeal under Section 374 of the Cr.P.C. against the judgment dated 29.11.1999 passed by the trial court in RC No.47 (A/94- CBI/ACB/DLI). The trial court has convicted the appellant and has awarded a sentence of two years RI under section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as the PC Act) and imposed a fine of Rs. 2500/- in default of which the accused shall undergo SI for a further period of 6 months. The appellant has also been sentenced to undergo RI for a period of two years and to a fine of Rs. 2500/-, in default with SI for a further period of 6 months, under Section 13(2) read with Section 13(1)(d) of the PC Act. Both the sentences have been directed to run concurrently with benefit of Section 428 Cr.P.C. given.

(2.) The brief facts giving rise to the appeal may now be narrated. The appellant at the material time was working as senior lineman in MTNL, Delhi. An application was made by one Ravinder Nagpal in his capacity as director of M/s Tofu Soya (P) Ltd. for shifting of telephone No.5721621 in the name of the company from Naiwala, Karol Bagh, New Delhi to the premises at No.34/22, East Patel Nagar, New Delhi. The orders for shifting the telephone were isused on 07.07.1994.

(3.) It is alleged that on 22.07.1994, the accused/appellant met Anil Prakash Nijhawan, who is the complainant, and demanded illegal gratification of Rs. 500/- for shifting the telephone connection and that he further demanded that the amount be given to him by 23.07.1994, without which the work will not be done. It may be mentioned here that Ravinder Nagpal, director of the company above named, is the brother-in-law of Anil Prakash Nijhawan.