CENTRAL BUREAU OF INVESTIGATION Vs. SARAT RAM

JUDGEMENT

(1.) Prayer in this appeal is for setting-aside the judgment of acquittal dated 23.12.2011 passed by the Special Judge, CBI Court, Chandigarh, vide which the respondent - Sarat Ram was acquitted of the charge framed against him under Sections 7, 13(2) read with 13(1) (d) of the Prevention of Corruption Act, 1988 (hereinafter to be referred as 'the PC Act').

(2.) Brief facts of the case are that FIR No. RCCHG2010A0003 dated 17.02.2010 under Sections 7 and 13(2) read with Section 13(l)(d) of the PC Act was registered against the respondent - Sarat Ram on the basis of a written complaint dated 17.02.2010 given by Jai Pal wherein it is alleged that the respondent - Sarat Ram Head Constable, was posted in Police Post, Sector 61, Chandigarh and he demanded bribe of Rs.2,000/- from the complainant on 16.02.2010 for not implicating his son namely Anil Kumar in a matter of theft of a mobile phone. It is further stated in the complaint that HC Sarat Ram has given his mobile number to the complainant and directed him to make a phone call on 17.02.2010, after making arrangement of bribe so that he can inform the complainant about the time and place where the amount is to be paid. Thereafter, pre-trap proceedings were initiated. Jai Pal was asked to make a phone call to HC Sarat Ram, which he did by keeping his mobile phone on speaker mode in the presence of an independent witness and in the said conversation, the accused - Sarat Ram asked the complainant to pay Rs.2,000/- in the Police Post and accordingly, a trap was laid and HC Sarat Ram was caught red handed while accepting the bribe of Rs.2,000/-.

(3.) Thereafter, on presentation of challan, charges was framed against the accused/respondent - HC Sarat Ram on 07.09.2010 under Sections 7, 13(2) read with 13(l)(d) of the PC Act.