SANJAY KUMAR ARYA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 26/9/2022 passed by the learned Judge, Special (CBI) Court, Asansol, Paschim Bardhaman, in connection with Special Case No.18/2011 arising out of Case No. RC0102006A0029 dtd. 6/11/2013 wherein the learned Judge, Special (CBI) Court was pleased to convict the appellant under Sec. 7 & Sec. 13(2) of the Prevention of Corruption Act, 1988 and sentenced him to suffer imprisonment as follows:

(2.) The genesis of the present case was on the basis of a complaint received by the Superintendent of Police, CBI, ACB Kolkata, from one Pawan Kumar, Junior Engineer-1, Diesel Loco shed, Office of Senior DME (Diesel), S.E Railway, Bokaro Steel City. It was alleged in the letter of complaint that on 9/8/2006, when Pawan Kumar (complainant) met Dr. Sanjay Kumar Arya (appellant) Divisional Medical Officer, Divisional Railway Hospital, S.E. Railway Adra, District, Purulia, West Bengal, in his office chamber at Adra Divisional Hospital for medical treatment, the said accused Dr. Sanjay Kumar Arya, demanded a sum of Rs.500.00 from the complainant and agreed to accept the same from him as illegal gratification for allowing him further rest and asked him to give him the above demanded bribe money of Rs.500.00 on 11/8/2006 at his residence at Adra. As the facts referred to in the letter of complaint disclosed commission of cognizable offence under Sec. 7 of the Prevention of Corruption Act, 1988, the case was registered against the Appellant, Divisional Medical Officer, Divisional Railway Hospital, S.E. Railway, Adra, District, Purulia, West Bengal, and endorsed to S. K. Tripathy, Inspector of Police, CBI, SPE, ACB, Kolkata for investigation.

(3.) The investigating agency on conclusion of investigation submitted chargesheet under Sec. 7, 13(1)(d) and 13(2) of the P.C. Act, 1988, before the learned Special Court on or about 4/4/2007. The Learned Special Court was pleased to frame charges on 16/12/2008 under Sec. 7/13(1)(d)/13(2) of the P.C. Act, 1988. The contents of the charges were read over to the accused person to which he pleaded not guilty and claimed to be tried.