T.C. CHAWLA Vs. C.B.I.

JUDGEMENT

(1.) Appellant was a Junior Engineer in Public Works Department of Govt. of NCT of Delhi, who had purportedly accepted bribe of Rs. 1,500/- from complainant-Jeewan Singh (PW-6) in the afternoonth November, 1997 for clearing his bill for the contract work. In RC No.87(A)/97-DLI, appellant was tried and on the strength of evidence of complainant-Jeewan Singh (PW-6), recovery witness-Vikram Singh (PW-3), shadow witness- Babban Singh (PW-1), official witnesses and trap laying official (PW-7), appellant stands convicted vide impugned judgment of 4th April, 2002 for the offences under Section 7 and Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act. Vide impugned order of 26th August, 2002 appellant has been sentenced to simple imprisonment for a period of two years and fine of Rs. 2,000/- with default clause under Section 7 of Prevention of Corruption Act and simple imprisonment for three years and fine Rs. 5,000/- under Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act.

(2.) The factual background of this case already stands noted in the impugned judgment and needs no reproduction. Suffice it would be to note that apprehension of appellant on 11th November, 1997 is from the place of his work i.e. Government Boys Senior Secondary School, Punjabi Bagh, Delhi and the recovery amount of Rs. 1,500/- from him was not actually disputed by learned counsel for appellant at the final hearing of this appeal. Therefore, detailed reference to the hand-wash of appellant or to the deposition of prosecution witnesses is really not required as all that it required to be seen in this appeal is whether the specific stand taken by appellant is sufficient to rebut the statutory presumption under Section 20 of Prevention of Corruption Act raised against him.

(3.) The stand taken by appellant in his statement under Section 313 of Cr.P.C. as noted in the impugned judgment is as under: -