RAVINDER KUMAR CHOPRA Vs. STATE C.B.I.

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973, (the Cr.P.C.) the first accused (A1), in C.C. No. 42/1993 on the file of the Special Judge, Delhi, assails the judgment dtd. 30/3/2002 and order on sentence dtd. 1/4/2002 as per which A1 and the second accused (A2) have been convicted and sentenced for the offence punishable under Sec. 120B of the Indian Penal Code, 1860 (the IPC) and further A1 has been convicted for the offences punishable under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (the PC Act).

(2.) The prosecution case is that R.K. Chopra (A1) while working as Desk Officer, Udyog Bhawan, Department of Industrial Development, Ministry of Industries, Government of India, Delhi, on 6/6/1989 demanded illegal gratification of 50,000/- from PW2, Director, M/s. Aries Granites, Bangalore and through the co-accused, A.S.M. Swami (A2), a retired officer, Ministry of Commerce, New Delhi and obtained 10,000/- for getting a licence issued in PW2's favour for 100% Export Oriented Industries for manufacture of cut and polished granites. Accordingly, as per the charge-sheet/final report dtd. 29/5/1990, A1 and A2 were alleged to have committed the offences punishable under Sec. 120B IPC and Ss. 7 and 13(1)(d) of the PC Act.

(3.) Sanction for prosecution was accorded by PW1, Director, Department of Industrial Development, New Delhi, against A1 vide Ext. PW1/A Sanction Order dtd. 9/4/1990.