SUBHASH CHAND CHAUHAN Vs. C B I

JUDGEMENT

(1.) Appellants, Subhash Chand Chauhan and Kanti Kumar were working as Junior Engineer and Khalasi respectively with the DDA. In December 1988, both were posted in Rohini Project Division IX, DDA. Adesh Mittal (PW-3) had purchased shop No. S-2/5, Block B, Shopping Centre, Prashant Vihar from DDA, which block fell within the area of Division-IX. On a complaint by PW-3, CBI laid a trap. Appellants were allegedly caught accepting bribe from PW-3. Case was registered under Section 120B, IPC and Section 7 as also Section 13(1 )(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. They were sent to trial in the Court of Special Judge, CBI which was registered as Sessions Case No. 73/93(90).

(2.) Vide judgment dated 3.6.2002, appellants were convicted on all counts. Vide order dated 4.6.2002, sentence of R.I for 4 years and fine of Rs. 500/- each, was inflicted upon the appellants for offences under Section 120B, IPC, Section 7 and Section 13(l)(d) read with Section 13(d) of the Prevention of Corruption Act, 1988. Sentences were to run concurrently. In default of payment of fine, appellants were to undergo R.I for 3 months on each count.

(3.) Charge-sheet submitted in Court gave the contours of the case of the prosecution. Charge-sheet reads as under: