M.P. SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19th December 2007 passed by the Special Judge in CC No. 61/06/01 convicting the Appellant of the offence under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 ('PC Act'). The appeal is also directed against the order on sentence dated 20th December 2007 whereby the Appellant was sentenced to rigorous imprisonment ('RI') for two years and to pay fine of Rs.4,000 and in default of payment of fine to undergo RI for six months for the offence under Section 7 of the PC Act and to RI for three years and to pay fine of Rs.6,000 and in default to undergo RI for 9 months for the offence under Section 13(2) read with Section 13(1)(d) of the PC Act.

(2.) During the pendency of the appeal, the sentence awarded to the Appellant was suspended by an order dated 29th January 2008.

(3.) The case of the prosecution is that the Airports Authority at Indira Gandhi International Airport, New Delhi used to auction goods and the Complainant Raj Kumar Chawla (PW-8) used to purchase the goods through such auction. As part of the terms of the said purchase of goods through auction, PW-8 as a successful bidder was required to pay 33% of the final amount at the time of the auction and the balance amount within three days. The delivery of the auctioned goods could be taken only upon presentation of a challan prepared by the Cargo Disposal Unit ('CDU') Office, upon deposit of the balance final amount.