YOGESH KUMAR Vs. STATE

JUDGEMENT

(1.) THIS order shall dispose of the aforesaid two appeals which arise out of the common judgment dated 13.12.2006 delivered by the Special Judge in CC No. 48/01, whereby the Special Judge has convicted the appellant, Yogesh Kumar, under Section 12 of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act ") and appellant, Neeraj Dutta under Section 7 & 13(2) of the Act. Thereafter, vide order dated 14.12.2006, the Special Judge sentenced Yogesh Kumar to undergo RI for two years and to pay a fine of Rs.10,000.00 and in default of payment of fine to undergo SI for three months, while Neeraj Dutta, has been sentenced to undergo RI for three years and a fine of Rs. 15,000.00 and in default of payment of fine to undergo SI for six months, under Section 13(2) of Act, she has been further sentenced to undergo R.I. for 2 years & fine of Rs. 5000.00 & in default S.I. for 4 weeks.

(2.) THE genesis of the prosecution 's case lies in the complaint Ex.PW5/A recorded by Inspector O.D. Yadav (PW6) on 17.4.2000 which has been made by Shri Ravijit Singh before the Anti Corruption Branch (ACB) which was signed not only by the complainant but also by the shadow witness PW-5, Shri S.K.Awasthi, who has proved the complaint before the trial court. It reads as under:-

(3.) IN order to prove its case the prosecution examined seven witnesses. PW-1 N.P. Singh is the sanctioning authority who proved the sanction Ex.PW1/A. PW-2 T.N. Sethi is a formal witness who produced the service record Ex.PW2/B seized vide seizure memo Ex.PW2/C. PW3 to 5 are formal witnesses regarding the deposit of hand-wash & other exhibits, which was later on transferred to Malkhana. PW-5 Shri S.K. Awasthi is the most important witness as he acted as a punch witness and remained a shadow witness throughout the proceedings right from the time the complaint was made as Ex.PW5/A and was recorded. The demand was made and the money was accepted by Neeraj Dutta, transferred to Yogesh Kumar and was seized and further collection of hand-wash from Yogesh Kumar & Neeraj Dutta. The next witness is Inspector O.D.Yadav, PW-6, who acted as a raid officer which PW-7 ACP Niranjan Singh investigated the matter. At the relevant time he was only an Inspector.