LAWS(DLH)-2008-5-328

SATVIR SHARMA Vs. C B I

Decided On May 12, 2008
SATVIR SHARMA Appellant
V/S
C.B.I. Respondents

JUDGEMENT

(1.) THE appellant has been convicted by the learned Special Judge, Delhi under sections 7 and 13 (1) (d) read with Section 13 (2) of Prevention of Corruption act, 1988 (for short "the Act") and sentenced to undergo rigorous imprisonment for a period of two years under Section 7 and forty months rigorous imprisonment under Section 13 (1) (d ). Separate fines with default stipulations were also imposed upon the appellant.

(2.) THE relevant facts leading to the trial and conviction of the appellant have been narrated by the learned trial court in the impugned judgment and the same are reproduced hereunder:-

(3.) TO prove the accusations against the appellant the prosecution had relied upon the evidence of the complainant (PW-2 Sri Ram), his neighbour to whom he had narrated about the demand of bribe by the appellant (PW-5 Ram Kishan verma), the two independent panch witnesses (PW-3 S. S. Kataria and PW-4 Sardari lal) and the trap laying officer (PW-7 Inspector Vijay Rawal ). The appellant-accused in his statement under Section 313 Cr. P. C. had pleaded innocence and claimed that a false case had been foisted upon him as he had booked unauthorized construction being carried out by the complainant because of which he had got annoyed and had threatened him (the appellant) to get him removed from service. As regards the solutions of sodium carbonate turning pink when his hands were dipped in separate solutions after his apprehension the appellant"s stand was that the CBI officials had caught hold of him and had rubbed their hands with his right hand and then forced him to dip his hands in a colourless solution and they had dipped their own fingers also in that solution and that solution had turned pink.