JASWANT SINGH Vs. C.B.I.

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment/order dated 27.4.2007 passed by Shri Jagdeep Jain, Special Judge, CBI Court, Chandigarh whereby he has been convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/- under Section 7 of the Prevention of Corruption Act (in short the Act). In default of payment of fine, he has been ordered to undergo further rigorous imprisonment for three months.

(2.) THE appellant has further been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/- under Section 13(2) read with Section 13(1)(d) of the Act. In default of payment of fine, he has been ordered to undergo further rigorous imprisonment for three months.

(3.) THE abstract of the prosecution case is as under :- On 28.7.2005, at about 3-00 P.M, motor cycle No. CH-03Q-4328 driven by Rajesh Kumar Verma, an Electrician working in Tilak Tent House met with an accident with a scooter driven by Vivek Kumar Thakur, Advocate near the small Chowk of Sector 3/10, Chandigarh. SI Jaswant Singh, accused arrived at the spot and took both of them to Police Station. From there, he allowed the Advocate to take the scooter away but retained the motor-cycle, documents and keys and stated that the motor-cycle would be released if Rajesh, paid Rs. 5,000/- as illegal gratification. Otherwise, he would register a case against him. Thereafter Rajesh visited him a number of occasions but he relented only qua the quantum of bribe by reducing it to Rs. 2,000/-.