HARI SHANKAR SHARMA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This appeal is directed against the judgment dated 1st November 2007 passed by the Special Judge in CC No. 59/02 convicting the Appellant for the offences under Section 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 ("PC Act") and the order on sentence dated 6th November 2007 sentencing the Appellant to undergo rigorous imprisonment ("RI") for two years and to pay a fine of Rs. 25,000 and in default, to undergo simple imprisonment ("SI") for six months for the offence under Section 7 of the PC Act and to undergo RI for four years and to pay a fine of Rs. 50,000 and in default, to undergo SI for six months for the offence under Section 13(2) read with 13(1)(d) of the PC Act.

(2.) The case of the prosecution is that the Appellant was working as a Junior Engineer ("JE") in the Commercial Land Department of the Delhi Development Authority ("DDA") in the year 1998. The Complainant, Mahinder Pal Singh (PW4) is stated to have been running a public call office ("PCO") in an open space outside AB-11, Safdarjung Enclave, New Delhi in the handicapped category allotted by the Mahanagar Telephone Nigam Limited ("MTNL") in 1984. PW4 is stated to have started a photo studio in the name of Shilpi Studio in 1997. He then started operating the PCO booth at another place in the same block.

(3.) In the complaint lodged by PW4 with the Superintendent of Police ("SP"), Anti Corruption Branch ("ACB") of the Central Bureau of Investigation ("CBI") on 10th August, 1998, he alleged that, on 6th August 1998, the Appellant had come to his studio and informed him that the studio was an unauthorised encroachment, which was not approved by the DDA. The Appellant is stated to have further informed PW4 that if he did not wish the construction to be demolished, he should pay a bribe of Rs. 5,000 to the Appellant.