SUSHIL KUMAR GUPTA Vs. CENTRAL BUREAU INVESTIGATION

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 23.06.2009 convicting the accused/appellant under Section 7 as well as Section 13(1)(d)(i) read with Section 13(2) of the P.C. Act and sentencing him to undergo rigorous imprisonment of 6 months and fine of Rs.10,000/ - in default of payment thereof and further imprisonment of 2 months for the offence under Section 7 of the P.C. Act and further sentenced to undergo imprisonment for 1 year and imposition of fine of Rs.20,000/ - in default thereof to undergo further impriso -nment for 4 months for the offence under Section 13(1)(d)(i) of the P.C. Act.

(2.) HEARD Mr. S.P. Mahanta, learned counsel appearing for the appellant/accused and Mr. VK Jindal, learned senior counsel appearing for the respondents -CBI.

(3.) TO bring home the charges against the appellant/accused, the prosecution had examined as many as 18 witnesses, namely, (1) Shri.Jayanta Kumar Dhar (PW 1), (2) Shri.Sanjiv Sood (PW 2), (3) Shri. Rajiv Menon, (4) Shri Pramod Kumar, (5) Shri Omeka R Marak, (6) Shri SK Sinha, (7) Shri Suraj Sewa, (8) Shri Susovan Samanta, (9) Shri Ashi Kumar Mitra, (10) Shri Ametaleh Pathak, (11) Shri Pawan Kumar Jaipusiar, (12) Shri G Babu Rao, (13) Shri Gilbert Sohtun, (14) Shri Jankholal Gante, (15) Shri Joshin E Myrthong, (16) Shri RL Moses, (17) Shri Bimal Chandra Purkait and (18) Shri Ng Khamrang and also exhibited 29 documents, 8 Nos. of paper marks and 11 Nos. of Mt. Ext. Defence also exhibited 4 Nos. of Exhibits during cross examination of PWs as Ext.A, Ext.7/A, paper mark 1 and Ext.B. The statement of the appellant/accused Shri.S.K. Gupta was recorded under Section 313 of the Cr.P.C. No Defence witnesses were examined by the Defence. When the statement of the appellant/accused was recorded under Section 313 of the Cr.P.C., the appellant/accused Shri.S.K. Gupta had admitted that the bribe amount of Rs.25,000/ - was recovered from his possession i.e. from the pocket of his pant and also that the bribe money of Rs.25,000/ - were tainted with phenolphthalene powder. He took out the tainted bride money from his pocket and he also admitted that his hand when dipped into the sodium carbonate solution, it turned into pink. There was no explanation after admitting the recovery of the bribe money from his pocket and also both his hands when dipped into sodium carbonate solution, it turned into pink, except that one person from the trap team put something in his pocket.