V N SINGH Vs. CBI DEHRADUN

JUDGEMENT

(1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 24.08.2000, passed by Special Judge, Anti Corruption, Dehradun, in C.B.I. case no. 4 of 1995, whereby said court has convicted accused/appellant V.N. Singh under section 7 and under section 13 (2) read with section 13(1)(d) of Prevention of Corruption Act, 1988 (for short P.C. Act). The accused V.N. Singh has been sentenced by the trial court to rigorous imprisonment for a period of one year and directed to pay fine of Rs. 2,500/- under section 7 and rigorous imprisonment for a period of two years and directed to pay fine of Rs. 7,500/- under section 13(2) read with section 13(1)(d) of P.C. Act, 1988.

(2.) Heard learned counsel for the parties and perused the lower court record.

(3.) Brief facts, of the case, are that accused/ appellant V.N. Singh was Dy. General Manager (Electrical) with Tehri Hydro Development Corporation, Bhagirathpuram, New Tehri (for short T.H.D.C.). M/s Manoj Electric Works, Meerut, of which P.W.1 Samay Singh Saini was the partner, was given contract no. CO/RKSH/EL-LOA/035 relating to High Tension Electrification at Baurari, New Tehri, and contract no. LOA 036 for execution of agreement for work of Electrification of Group Housing for Civic Centre at Baurari by T.H.D.C. P.W.1 Samay Singh gave complaint (Ex. A5) to Central Bureau of Investigation (For short C.B.I.) on 18.06.1994, complaining that accused/appellant V.N. Singh (Dy. General Manager) and one Jai Kumar, Manager (Electrical) of T.H.D.C., are demanding bribe of ' 40,000/- to clear his bills amount Rs. 3.5 lac pending for eight months. Payment was required to be made by 20.06.1994. On the basis of said report, first information report (Ex.A8) was registered by C.B.I., with crime no. RC-14(A)/94-DAD on 18.06.1994 at 4:00 p.m. The matter for investigation was entrusted to P.W.3 R.K. Bhagta Dy. S.P. C.B.I. who planned to trap the accused. As per the prosecution case initially the C.B.I. team with decoy (P.W.1 Samay Singh Saini) alongwith with witnesses P.W.2 Satish Gupta and P.W.3 Anil Kumar Jain reached Chamba on 19.06.1994, but when accused V.N. Singh asked informant to come in the T.H.D.C. office on E.C. Road, Dehradun on 20.06.1994 at 4:00 p.m., the trap party reached there and arrested the accused red handed accepting Rs. 40,000/- from P.W.1 Samay Singh Saini. After the trap proceedings, further investigation was conducted by P.W.7 Inspector P.K. Chaudhary who submitted charge sheet (Ex. A21) against accused V.N. Singh for his trial in respect of offence punishable under section 7, under section 13(2) read with section 13(1)(d) of P.C. Act, 1988.