SANJEEV KUMAR Vs. STATE (THROUGH CBI)

JUDGEMENT

(1.) THE instant appeal is directed against the judgment and sentence of even date i.e., 30.05.2009 passed by the Special Judge -IV, (PC ACT) CBI, Delhi. By the impugned judgment, the appellant has been convicted in respect of offence of criminal misconduct under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to in short as the 'PC Act'). In respect of conviction under Section 7 of the PC Act, the appellant is required to undergo rigorous imprisonment for a period of three years with a fine of Rs 10,000/ -. In default, the appellant is required to undergo a further simple imprisonment for a period of one month. For an offence under Section 13(1)(d) for which punishment under Section 13(2) of the PC Act, is prescribed, the appellant is similarly required to undergo rigorous imprisonment for a period of three years with a fine of Rs 10,000/ -. In default of payment of fine, the appellant is required to undergo simple imprisonment for a further period of one month. The sentences are to run concurrently.

(2.) THE prosecution's version of the case is as follows:

(3.) IN order to ascertain the truthfulness of the allegations made in the complaint, a decision was taken to lay a trap for the appellant. One Mr A K Pandey, Inspector (PW12) was assigned the task of laying the trap. For this purpose, two shadow witnesses i.e., one Mr Suresh Chand (PW4) and Mr Ishwar (PW5), who were the employees with the Northern Railways, were requested to join the trap laying team.