RAMA KANT SHARMA Vs. STATE

JUDGEMENT

(1.) Mr. Rama Kant Sharma has, in this appeal, challenged the judgment dated 23rd November 2007 and the order of sentence dated 26th November 2007 passed by the learned Special Judge in Complaint 77 of 2002 arising out of the First Information Report ('FIR') No. 33 of 2001, holding the Appellant/accused guilty of the offence under Section 12 of the Prevention of Corruption Act, 1988 ('PC Act') and sentencing him to rigorous imprisonment for a period of two years and a fine of Rs. 20,000, and in default thereof, to undergo simple imprisonment for a period of two months.

(2.) The accused remained on bail throughout the period of trial. During the pendency of the present appeal the sentence awarded to him was suspended.

(3.) The case of the prosecution was that the accused, as a representative of M/s APS International, went to the office of the Special Protection Group ('SPG') at 1, Safdarjung Lane, New Delhi, on 1st June 2001 where he met one Shri R.C. Saxena (PW1), the Complainant and allegedly gave him an envelope containing Rs. 2,000 as a bribe/illegal gratification. Mr. Saxena is then stated to have taken the accused to his senior officers. A call was made to the Police Control Room ('PCR') and information was given to the Police Station ('PS') at Tughlak Road. It is stated that the in charge of the PCR, SI Gajraj Singh (PW4) and the SI of PS Tughlak Road, Mr. Sunil Kumar (PW-10), came to the SPG office, took the accused to the PS Tughlak Road, where, upon information being given, the officers of the Anti Corruption Bureau ('ACB'), the Inspector, Smt. Sudesh Kumari (PW- 11) came with a panch witness, Mr. Pratap Singh (PW-5), to whom PW-1 handed over the envelope given to him in the police station by the Station House Officer ('SHO'). The panch witness is then stated to have taken out the sum of Rs. 2,000 from the envelope after making the necessary documents, the accused was thereafter arrested. It is further stated that PW- 11 handed over the investigation to Inspector, Mr. M.A. Salam (PW-12), who filed the chargesheet.