(1.) ACCUSED D.K. Sharda was convicted under Section 7 of the Prevention of Corruption Act, 1988 (for short 'the Act') and sentenced to undergo 3 years R.I. and to pay a fine of Rs. 5000/ - and in default, to undergo a further period of 6 months R.I. and was also convicted under Section 13(2) of the Act and sentenced to undergo 3 years R.I. and to pay a fine of Rs. 5000/ - and in default, to undergo a further period of 6 months R.I. by the trial Court. He has challenged the above conviction and sentence passed by the trial Court.
(2.) THE brief case of the prosecution is as follows: - -
(3.) ON the side of defence, DW1 Jagdeep Singh who was Deputy Chief Signal and Telecommunication Engineer, Railway Electrification, was examined. He deposed that addendum and corrigendum of any tender was sanctioned by the Authority who had accepted the tender and none else. DW2 Anirudh Behal who was the neighbourer of the accused deposed that the accused was taken away by the CBI team at 2.00 p.m., as per the information shared by his wife of the accused to him. DW3 Mrs. Sunita Rani, Addl. Ahlmad of the Court of CJM, Ambala spoke about the criminal complaint given by the Deepak Sharda against Ashwani Singh and S.S. Gurm pending in the Court of CJM, Ambala.