BANSHRAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal appeal under Sec. 374(2) CrPC has been filed against the judgment and order dtd. 31/8/2015 passed by the learned Special Judge, CBI, Court No. 4, Lucknow in Criminal Case No.01 of 2011 (Computerized No.1600001 of 2011) (State through Central Bureau of Investigation, Lucknow Vs. Banshraj), arising out of R. C. No. 0062011A0001/2011, under Ss. 7 and 13(2) read with Sec. 13(i)(d) Prevention of Corruption Act, 1988, (hereinafter referred to as the "PC Act, 1988") Police Station C.B.I./A.C.B., Lucknow by means of which the accused-appellant has been convicted and sentenced as follows:-

(2.) Prosecution case, in FIR, was that accused-appellant, Banshraj, who was posted as Senior Executive Engineer (Electrical and Mechanical ) (hereinafter referred to as the "E&M), Kakari Project, National Coal Limited, Sonbhadra, Uttar Pradesh (hereinafter referred to as the "NCL") used to harass complainant, R.K. Mittal by asking for bribe for the work of dismantling and creating HT overhead line.

(3.) The tender was floated when required at mines in the area of the Kakari Project. The Technical Committee Member was Mr. P. Rai, Chief Engineer (Mines), but in his absence, the accused-appellant, being the Senior Executive Engineer (E&M), acted as Technical Committee Member. The Tender Committee Recommendations (hereinafter referred to as the "TCR") were made by the accused-appellant.