BRIJ MOHAN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 23.01.2007 and 29.01.2007 respectively wherein the appellant had been convicted for the offence punishable under Section 7 and 13(2) read with Section 13(1)((d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'said Act'); he had been sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs.25,000/- in default of payment of fine to undergo simple imprisonment for 6 months for the offence punishable under Section 7 of the said Act; he had been further sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.25,000/- in default of payment of fine to undergo simple imprisonment for 6 months for the offence punishable under Section 13(2) read with Section 13(1)(d) of the said Act.

(2.) On 07.3.2001, the complainant/Baljit Singh (PW-1) had made a complaint to the Central Bureau of Investigation (CBI) to the effect that Sub-Inspector Brij Mohan (hereinafter referred to as 'the appellant') had called him to police station Adarsh Nagar on 06.3.2001 and demanded a sum of Rs.5000/- for helping him in getting regular bail in proceedings in FIR No.571/2000 which had been registered at the said police station against PW-1 and his family members on the complaint of his wife under Section 498A of the IPC. PW-1 being unwilling to pay the bribe had accordingly filed this complaint.

(3.) A raiding party was constituted. Apart from PW-1 two independent witnesses who were asked to join the raid were S.P.S.Chauhan (PW-3) who was the shadow witness and Ashok Kumar (PW-6) another independent witness. Inspector Surinder Malik (PW-9) was the Trap Laying Officer; Sub-Inspector Raja Chatterjee (PW-10) was another member of the raiding party.