SANJAY KUMAR SINGH Vs. C B I

JUDGEMENT

(1.) Impugned judgment of 22nd May, 2014 holds appellant and his coaccused Hari Chand and Subhash Narain guilty of the offence under Section 120B IPC r/w Section 7 of Prevention of Corruption Act, 1988 (hereinafter referred to as the PC Act) and also for the offence under Section 13(1) (d) of PC Act. Vide order of 23rd May, 2014, appellant and his co-accused have been sentenced to rigorous imprisonment for four years with fine of Rs. 1,00,000/- with default clause for the offence under Section 120B IPC and similar sentence has been awarded to appellant and his co-accused for offence under Section 7 of PC Act. For the offence under Section 13(2) r/w Section 13(1) (d) of PC Act, appellant and his co- accused have been sentenced to rigorous imprisonment for three years and fine of Rs. 50,000/- each with default clause. The aforesaid sentences have been made to run concurrently by the trial court.

(2.) Appellant was posted as Superintendent and his co-accused Hari Chand was posted as Inspector, whereas accused Subhash Narin was posted as Assistant Commissioner in Central Excise, Ministry of Finance, Division VIII, Scope Minar, Laxmi Nagar, Delhi. The factual background of this case, as noticed by the trial court in the impugned judgment, is as under:-

(3.) It is the case of prosecution that the bribe amount was recovered from co-accused Hari Chand and sample voice of appellant was taken and during investigation, it was sent to CFL. Sh. D.K.Tiwari (PW3) had submitted the report PW3/B regarding the voice sample of appellant. Prosecution has relied upon evidence of seventeen witnesses, which includes evidence of material witnesses. S.K.Jain (PW1) is the complainant; D.K.Tanwar (PW3) is the expert who had examined the voice recording; Praveen Jain (PW9) had accorded sanction for prosecution; Rajesh Kanava (PW10) and Tej Pal Singh (PW11) are the witnesses who had searched the office premises of accused person; Neeraj Jain (PW12) and Praveen Gupta (PW13) are the independent witnesses; DSP Sandeep ChaudHARY (PW15) is the Trap Laying Officer and DSP Rajesh Chahal (PW16) & Addl. SP Ravi Gambhir (PW17) were the Investigating Officers of the case. Appellant in his statement under Section 313 Cr.P.C. before the trial court, had claimed that he is innocent and has been falsely implicated and had got six witnesses examined in defence. Trial court has relied upon evidence of afore-referred material witnesses to convict and sentence appellant as noted hereinabove.