KUNWAR PAL SINGH Vs. C.B.I.

JUDGEMENT

(1.) By the present appeal the Appellant challenges the judgment dated 13th August, 2002 passed by the learned Special Judge convicting the Appellant for offences under Section 7 and Section 13 (1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short the PC Act) and the order on sentence dated 14th August, 2002 whereby he has been directed to undergo rigorous imprisonment for a period of four years with fine of Rs.500/- each under Section 7 and Section 13(2) of the PC Act. The fine amount has since been paid, the receipt whereof has been annexed with the present appeal.

(2.) Learned counsel for the Appellant contends that there are material contradictions and improvements from the complaint made by the complainant PW1 Riaz Khan to the CBI in his testimony before the Court.

(3.) Learned counsel for the CBI on the other contends that the Appellant has not challenged the demand or recovery in the cross-examination of the witnesses or in his statement under Section 313 Cr.P.C. Thus, the learned Trial Court was justified in raising the presumption in view of Section 20 of the PC Act as the demand and recovery stood proved.