LAWS(UTN)-2010-8-110

K K TRIPATHI Vs. C B I

Decided On August 13, 2010
K.K.TRIPATHI S/O B.P.TRIPATHI Appellant
V/S
C.B.I. Respondents

JUDGEMENT

(1.) This appeal, preferred under Section 374(2) of Code of Criminal Procedure 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 21.4.1994 passed by Additional Sessions Judge/Special Judge, Anti Corruption, Dehradun, in CBI Case No.6/87, CBI Versus K.K. Tripathi, whereby the learned Additional Sessions Judge/Special Judge convicted the appellant-accused under Section 161 of The Indian Penal Code, 1860 (hereinafter to be referred as the IPC) and sentenced him to undergo rigorous imprisonment for a period of six months. The appellant-accused was further convicted u/s 5(2) r/w 5(1)(d) of Prevention of Corruption Act, 1947 (Act II of 1947) (hereinafter to be referred as Act) and was sentenced to one year's R.I. with fine of Rs.5,000/- and in default of payment of payment of fine, three months' simple imprisonment was further awarded. All the sentences were directed to run concurrently.

(2.) I have heard learned counsel for the parties and perused the entire material available on record.

(3.) In brief, the prosecution case is that P.W.1 Anil Kumar Bansal S/o Kalu Ram Bansal lodged a report before Superintendent of Police, CBI, Dehradun on 24.3.1987 stating therein that on 10.2.1987 he had sent an application to S.S.P.O. Meerut regarding his recruitment in the post of Extra Departmental Post Master, Branch Post Office Sathla, District Meerut. In this regard, he had met with the appellant-accused K.K. Tripathi, IPO (North), who was working under S.S.P.O. Meerut. It is alleged that on 22.3.1987, as per the instructions of the appellant- accused, when the complainant along with his younger brother Sunil Kumar Bansal met the appellant-accused in his residence then the appellant-accused told him that if wants his appointment in the aforesaid post then he will have to pay Rs.5000/-. When the complainant showed his inability to pay the aforesaid amount, the appellant- accused agreed to accept Rs.2500/- and asked him to pay Rs.2500 by 26.3.1987. Since, the complainant did not want to pay the bribe, hence he lodged the present application, i.e. Ex.Ka-2. On this application, Sri S.C. Sinha, SP, CBI SPE, Dehradun passed an order to register the case and the investigation was entrusted to Sri H.C. Bisht, Dy. S.P. Thereafter, the case was registered as Crime No.RC-19/87- DAD against the appellant-accused K.K. Tripathi u/s 161 of IPC and Chik FIR was subsequently prepared, i.e. Ex.Ka- 18.