MANOJ KUMAR MISHRA Vs. CBI

JUDGEMENT

(1.) By the present appeal, the appellant challenges the impugned judgment dated 5th November, 2016 convicting him for the offences punishable under Section 419 IPC and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 (in short 'PC Act') and the order on sentence dated 16th November, 2016 directing him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 50,000/- and in default whereof to undergo rigorous imprisonment for a period of six months for the offence punishable under Section 13(2) read with Section 13(1)(d) of PC Act and rigorous imprisonment for a period of one year and to pay a fine of Rs. 25,000/- and in default whereof to undergo rigorous imprisonment for a period of three months for the offence punishable under Section 419 IPC.

(2.) Briefly stated, prosecution case is that on 24th May, 2000, H.S. Bhardwaj made a complaint to SP, CBI/ACP against S.D. Mishra. He stated that on 10th May, 2000 at around 9:30 P.M. he received a phone call and the caller introduced himself as S.D. Mishra from CBI/ACB Branch, who directed him to contact him along with the documents of purchase of house, car and service record. The caller gave his address as G-7/9, Sector 15, Rohini and phone number as 7884407. Next day, the complainant received another call from S.D. Mishra telling him that there were several complaints against him and he should act according to his instructions or he would lose his job. Complainant was receiving these calls daily however he ignored.

(3.) On 15th May 2000, complainant received a call in the room of M.K. Sharma, DD (Administration) and in a threatening tone, the caller asked him to come to his house or he would raid his house. On 19th May 2000 again, the caller received another call asking him to meet the caller the next day. Thereafter, the complainant visited the house of the caller on 20th May 2000, where he met S.D.Mishra who gave details of the complaints against the complainant like giving medicines after tearing the wrapper, attestation of mark sheet of his daughter by himself, sale of government medicines, not sending intimation of purchase of TV and many other complaints. Complainant was also informed about the inquiry conducted by the Department on various complaints against him. The caller demanded Rs. 1 lakhs for closing all the complaints. When the complainant told him that he was not in a position to pay Rs. 1 Lakh, he agreed for Rs. 50,000 after bargaining. After agreeing to it, the complainant visited the CBI office and lodged a complaint as he did not want to pay the bribe. He also arranged for trap money of Rs. 10,000. On 24th May 2000 in the evening, he visited CBI office and produced Rs. 10,000/- in 20 currency notes of Rs. 500/- denomination. Two independent witnesses namely Jagbir Singh and M.K.Mehta were also present there. Notes were treated with powder. One KCR device was arranged and mic-cum-transmitter was given to him and recorder was kept in the vehicle. The powder treated GC notes were kept in an envelope and handed over to him with the direction to hand it over to S.D. Mishra only on his specific demand.