BHARAT RAJ MEENA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This appeal has been preferred by the accused in CC No.4/2015 on the file of Special Judge, (SPE/CBI) III Ernakulam (for short, 'the trial court') challenging the judgment dtd. 31/5/2016 convicting and sentencing him under Ss. 7 and 13(2) r/w 13(1)(a) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act').

(2.) The appellant Bharat Raj Meena was working as Divisional Security Commissioner, Railway Protection Force, Palakkad. The case of the prosecution in short is that, while the appellant was working as public servant in the above capacity, from April 2005 to July 2005, he demanded and accepted an amount of Rs.10,000.00 from PW9 Kathiresh Babu and an amount of Rs.7,500.00 each from PW10 V.V.Gangadharan and PW11 Abdul Majeed through PW7 Abdul Gafoor as illegal gratification for effecting their transfers.

(3.) The genesis of the case is as follows: One Sri.P.P.Nandakumar, Clerk in DSC Office, Palakkad preferred a complaint alleging demand of bribe of Rs.10,000.00 by the appellant through PW6 Anantha Narayanan, Constable/RPF Coimbatore, for getting complainant's posting in Palakkad area following his medical decategorization from RPF and subsequent absorption in alternative post as clerk in Personnel Branch under DRM Office, Palakkad. Based on the said complaint, the Superintendent of Police, CBI/ACB, Kochi registered FIR vide No.RC19(A)/2005/KER/CBI under Ss. 7 and 12 of the PC Act against the appellant and PW6 on 4/8/2005 and entrusted the investigation of the case to PW12. Thereafter, one Dy.S.P.,/ CBI/ACB, Kochi, Sri. Nandakumar Nair and his team laid a trap on the same day itself and at the instance of Dy.S.P./Trap Laying Officer aforesaid, tainted money of bribe was handed over by complainant Sri.P.P.Nandakumar to PW6 which together with some alleged bribe money in an envelope and personal cash and diaries were recovered from PW6 who was then arrested by CBI team. Thereafter, PW12, the investigation officer, after the investigation of CBI case RC19(A)/2005/CBI/KER dtd. 4/8/2005 registered based on the original complaint dtd. 4/8/2005 of Sri.P.P.Nandakumar filed three separate final reports on 31/7/2006 bearing Nos.04/SK/19/A/05/KER, 05/SK/19/A/05/KER and 06/SK/19/A/05/KER, before the Court of Special Judge-II, CBI, Kochi for prosecution of the accused under Ss. 7 and 13(1) (d), Ss. 7 and 13(1)(d) and Ss. 7 and 13(1)(a) of the PC Act respectively following tender of pardon of the principal accused PW6 and PW7 Abdul Gafoor from the Court of Chief Judicial Magistrate, Ernakulam. The final report Nos.04/SK/19/A/05/KER and 05/SK/19/A/05/KER against the appellant were then taken up as CC No.2/2014 and CC No.3/2014 respectively by the trial court. The third final report No.06/SK/19/A/05/KER was quadrifurcated into four cases by the trial court under Sec. 219 of Cr.P.C. while framing the charges.