L K JAIN Vs. STATE

JUDGEMENT

(1.) - These two criminal appeals are directed against the common judgment and order dated 24.5.2001 passed by the Special Judge, Delhi, thereby, convicting the appellant L.K.Jain (for short to be referred as A-1) of the offence punishable under Sections 120-B IPC, Sections 7 and 13 (2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter to be referred as the 'Act') and for the substantive offences punishable under Section 7, 13(2) read with Section 13(1)(d) of the Act. Vide the same judgment, the appellant Balam Singh (hereinafter to be referred as A-2) has been convicted of the offence punishable under Sections 120-B IPC read with Section 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 vide separate order of the even date, A-1 L.K.Jain has been sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 1 lac or in default of payment of fine to suffer further simple imprisonment for a period of one year. As ihe offences were considered to be connected one so the learned Trial Court chose not to pass separate sentences for each offence. A-2 Balam Singh has been sentenced to rigorous imprisonment for a period of three years and to pay a fine of Rs. 20,000 or in default of payment of fine to further undergo simple imprisonment for three months.

(2.) The two appellants were prosecuted by the CBI on the basic allegations that while A-1 L.K.Jain was working as Junior Engineer (Civil) Building Department, Sadar Paharganj Zone, Municipal Corporation of Delhi and A-2 Balam Singh was working as Beldar in the same zone during the period of middle of October, 1996, had entered into criminal conspiracy to obtain illegal gratification of Rs. 3 lac/1.5 lac from a certain Ritesh Chand Gupta, building contractor who was making certain constructions at premises No. 2524 Gali Churi Walan, Bazar Sita Ram, Delhi, and pursuant to the said conspiracy demanded and obtained an illegal gratification of Rs. 20,000 as first instalment from Shri Ritesh Chand Gupta in the afternoon of 16.10.1996. According to the prosecution case on 15.10.1996 A-1 L.K.Jain had gone to the above numbered premises and demanded a bribe of Rs. 3 lac from Ritesh Chand Gupta for permitting the construction to continue otherwise he threatened the demolition of the construction. On 16.10.1996, Ritesh Chand Gupta lodged a report (Ex.PW2/B) with Inspector S.R.Singh of CBI, trap laying officer alleging that he was engaged in the work of building contractor and was raising some constructions at premises No. 2524 Gali Churi Walan, Bazar Sita Ram, Delhi belonging to Shri Ajay Kumar Gupta; that on 15.10.1996 at about 2.00 p.m. A-1 L.K.Jain Junior Engineer, MCD came to the aforesaid site and demanded a bribe of Rs. 3 lac for allowing him to continue the construction at the site failing which he threatened to get the construction demolished. A-1 L.K.Jain had asked the complainant to pay the bribe money in instalments and to pay the first instalment of Rs. 20,000 on 16.10.1996 at about 2.00 p.m. when he (L.K.Jain) would visit the site again in order to collect the money. On the basis of the said complaint a case was registered and investigation entrusted to Inspector S.R.Singh who constituted a trap party of CBI officials and two independent witnesses namely S.C.Sharma and Pradeep Chand. The complainant Ritesh Chand Gupta produced a sum of Rs. 20,000 in currency notes, its number noted down and the currency notes were treated with phenopthlien powder and the demonstration regarding reaction of the phenopthlien powder with the solution of Sodium Carbonate was given and other pre-trap formalities completed and recorded in the handing over memo prepared in presence of witnesses. Witness S.C. Sharma was directed to act as shadow witness and the complainant was told to hand over the bribe money to the accused or to any other person at his direction on specific demand of the accused. On 16.10.1996, the party reached the office of Shiv Satellite. The complainant Ritesh Chand Gupta and shadow witness were directed to go into the office while the other two witnesses were directed to take position near the back door of the office room and to over-hear the conversation and also to see the transaction through the slits of the back door.

(3.) The prosecution case proceeded further that on 16.10.1996 at about 5.20 p.m. A-1 L.K.Jain along with A-2 Balam Singh came to the office room and asked the shadow witness to go outside. Shri S.C.Sharma came out and took position in front of the office in such a way that he was able to see the transactions between the complainant and the accused. A-1 L.K.Jain demanded the bribe amount from the complainant and accepted it through A-2 Balam Singh who was accompanying him. The conversation as over-heard by the independent witness Pradeep Chand. As soon as A-2 Balam Singh accepted the amount of bribe, Inspector S.R.Singh challenged both the accused by telling them that they had accepted the bribe on which both A-1 and A-2 got confused and kept mum. Tainted money of Rs. 20,000 was then recovered from the left side pant pocket of A-2 Balam Singh and number of G.C. notes tallied with the numbers recorded in the handing over memo. Thereafter left hand wash and left side pant pocket wash of A-2 Balam Singh was taken into two separate colourless solutions of Sodium Carbonate, which turned pink. After usual investigation and obtaining the prosecution sanction prosecuted both the appellants.