R C SHARMA Vs. STATE CBI

JUDGEMENT

(1.) APPELLANT has filed this appeal under section 374 C. r. P. C. to assail the judgment dated 29. 08. 1997 passed by the learned Special Judge, Delhi Convicting him under Section 7 and 13 of Prevention of Corruption Act 1988 (hereinafter referred to as the Act) and sentencing him to undergo R. I. for three and a half years as well as to pay fine of Rs. 2000/- and in default to undergo three months r. I. on both the counts separately with the condition that both the sentences will run concurrently.

(2.) BRIEFLY stating the facts of this case are that PW5 Dr. Shyam Gupta, who is running a Path Laboratory, in the name and style of Nirmal X-ray and diagnostic centre at A4/22-23, Shiv Market, Paschim Vihar, and had given a contract work of renovation including installation of water connection of the above said shop to the Complainant Ashok Arora in August, 1993 and on 28. 10. 1993 he allegedly demanded and accepted a sum of Rs. 1,000/- from Sh. Ashok Arora (PW-1) as illegal gratification as a consideration for providing of water connection in the aforesaid premises as application along with the required documents was submitted under the signatures of Dr. Shyam Gupta to Zonal Engineer (water) West zone office, Rajouri Garden, New Delhi. No water connection was given till 26. 10. 1993. Thus, on 26. 10. 1993 complainant Ashok Arora met accused R. C. Sharma junior Engineer and requested him for doing the needful. Accused R. C. Sharma demanded a bribe of Rs. 1000/- for the aforesaid work and directed the complainant to pay the bribe amount by 28. 10. 1993. Ashok Arora, who was not interested to pay the bribe approached Anti Corruption Branch of Central Bureau of Investigation and made the written complaint on 27. 10. 1993 (Ex. PW -1/a)lodged by Ashok Arora (PW1)with the S. P. (ACB), CBI, the relevant portion of which reads as under :

(3.) ON the basis of the said complaint, present case was registered and investigation was entrusted to Inspector Javed Siraj. He organised a trap party comprising of two independent witnesses namely Shri Govind Rajan (PW2) and Nawab khan (PW4) besides other officials of CBI. During the pre-raid proceedings on 28. 10. 1993 complainant brought RS. 1000/- in the form of GC note of Rs. 500/ and five GC notes of Rs. 100 each for being used as trap money. The currency notes were treated with the phenolphthalein powder and the demonstration was shown to the raiding party. The same GC notes were given to the complainant who was directed to pass the same to R. C. Sharma only in the event of the specific demand. Shri Nawab Khan was given the role of the shadow witness and to hear the conversation between complainant and the accused and to watch the proceedings.