CHANDAN KUMAR SONI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These appeals arise from a common judgment and order dtd. 24/4/2017 passed by the Special Judge (Prevention of Corruption Act)/I Additional Sessions Judge, Nainital, in Special Sessions Trial No. 05 of 2016, whereby both Appellant s, namely C.K. Soni and Brijesh Kumar Singh Bhoj, were convicted of offences under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988, as well as Sec. 120-B IPC. Aggrieved by their conviction and sentence, both accused have preferred the present appeals. Since the facts and issues involved are common, the appeals are being decided together.

(2.) The case originates from a complaint alleging demand for illegal gratification in relation to the release of certain payments pertaining to the supply work undertaken at Kumaon Engineering College, Dwarahat. On the basis of the said complaint, a trap was organized by the vigilance establishment, and an FIR was lodged naming both Appellant s. Upon completion of the investigation, a charge sheet was submitted, and the matter proceeded to trial. The trial court, relying upon the testimony of the complainant and the trap team, recorded findings of demand, recovery, and conspiracy, and accordingly convicted both accused under the provisions of the Prevention of Corruption Act and Sec. 120-B IPC. Both Appellant s have challenged the correctness of these findings in the present appeals.

(3.) Heard learned counsel for the parties and perused the records.