KRISHNA KANT RATHOD Vs. UNION OF INDIA

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 24.01.2013, passed by Special Judge (C.B.I.) Jabalpur, in Special Case No.03/2009 convicting appellant under Section 7 and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 (for brevity "the Act") and thereby sentencing him to R.I for one year and fine of Rs.5,000/- and R.I of two years and fine of Rs.5,000/- respectively. In default stipulation the appellant has preferred present appeal under Section 374 (2) of Code of Criminal Procedure, 1973.

(2.) In brief, the case of prosecution is that at the relevant point of time the appellant/accused Krishna Kant Rathod was posted and working as Senior Clerk under Bhagwan Singh, Assistant Commercial Manager, West Central Railway, Jabalpur. The allotment of emergency quota of berths in the trains was done by Bhagwan Singh and appellant. As per prosecution story the complainant Pawan Singh Thakur and his family were to go to Mumbai for which he had purchased the tickets of sleeper class in train No.2321, which was issued in wait list. Complainant got the information that if requisite number of applications are not received for allotment of berth in emergency quota then the general passengers can get allotment in said quota by making appropriate application to Assistant Commercial Manager of Railway. On this information on 23.12.2007 the complainant went to the Office of Bhagwan Singh who had office in the first floor of the Office of General Manager.

(3.) This is also the case of prosecution that after getting verification done by Rajeev Sinha. An FIR under Section 7 of PC Act, 1988 and 120-B of IPC was registered. Shri Pannir Selvam, Inspector took over the proceedings of trap and summoned two independent witnesses namely Azhar Parvez and Shekhar both were Assistant Manager in Union Bank of India. In order to explain the significance of trap proceedings, TLO arranged a demonstration of sodium carbonate -phenolphthalein powder reaction in plain water.