BABLU KARMAKAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The appellant was convicted under Ss. 7 and 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 in Special Case No.10A/2011 by the learned Special Judge, CBI Court, Alipore vide judgment and order of conviction and sentence dtd. 21/12/2015. The appellant was directed to suffer simple imprisonment for one year and to pay fine of Rs.10,000.00, in default to suffer further simple imprisonment for three months for the offence punishable under Sec. 7 of the said Act. He was also sentenced to suffer simple imprisonment for 1 and 1/2 years and to pay fine of Rs.20,000.00, in default to suffer simple imprisonment for six months for the offence punishable under Sec. 13(2) read with Sec. 13(1)(d) of the said Act.

(2.) Being aggrieved by the said judgment and order of conviction and sentence, the appellant has preferred the instant appeal.

(3.) One Sunirmal Biswas lodged a written complaint before the Superintendent of Police, CBI Anti Corruption Branch at Kolkata on 10/3/2011 stating, inter alia, that his son Sourav Biswas got an information that came recruitment would be made by Netaji Subhas Chandra Bose International Airport Authority to the post of peon. The defacto complainant went to the office of the Airport Authority to inquire about the authenticity of the said information. In the office of Airport Authority, he came across Bablu Karmakar the appellant herein. The said Bablu Karmakar assured him job of his son, but demanded bribe of Rs.1.00 lakh for a confirmed job to the post of peon. He also instructed the defacto complainant to pay a sum of Rs.5,000.00 in advance by the next day of his visit in front of International Terminal of the above named airport. The appellant also directed him to make payment of the rest of the amount within five days. The defacto complainant was not agreeable to pay any bribe to a government employee for an official job. So, he made a complaint with the concerned authority of CBI.