BABU RAM Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 13th December 2007 passed by the learned Special Judge (CBI) in CC No. 05/05 convicting the Appellant under Section 7 and 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988 ( 'PC Act ') and the order on sentence dated 14th December 2007 sentencing him to one year 's rigorous imprisonment ( 'RI ') with a fine of Rs. 3,000, and in default, to undergo simple imprisonment ( 'SI ') for fifteen days for the offence under Section 7 of the PC Act and RI for two years with a fine of Rs. 7,000, and in default, to undergo SI for fifteen days for the offence under Section 13(2) read with 13 (1) (d) of the PC Act. Both the sentences were directed to run concurrently.

(2.) BY an order dated 10th January 2008, this Court suspended the sentence awarded to the Appellant during the pendency of the appeal, subject to terms. The case of the prosecution

(3.) ON 9th December 2004, PW -3 gave a complaint (Ex.PW -3/A) in the Central Bureau of Investigation ( 'CBI ') stating that on 8th December 2004, when he went to Malviya Nagar, the Appellant met him at the cattle pond and demanded a bribe of Rs. 5,000 to enable PW -3 to carry on his dairy business smoothly. According to PW -3, the Appellant threatened him that if the bribe was not paid, the cattle of PW -3 would be impounded and his business would be ruined. When PW -3 expressed his unwillingness to pay bribe of Rs. 5,000, the Appellant reduced it to Rs. 2,500 and told him to bring the amount of Rs. 2,500 to his office at Green Park on the following day, i.e., 9th December 2004 at 10 am. When PW -3 met the Appellant at the MCD office, Green Park on 9th December 2004, the Appellant is stated to have repeated his demand of Rs. 2,500 as bribe and asked PW -3 to bring the said amount on the following day, i.e., 10th December 2004 at 10 am. It was at that stage that PW -3 had lodged a complaint with the CBI.