PARKASH CHAND Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) APPELLANT Parkash Chand (hereinafter referred to as the accused) has appealed against the judgment dated 28.12.2011 of learned Sessions Judge (Special Judge), Shimla, passed in Sessions Trial C.C. No.16 -S/7 of 2010, titled as Central Bureau of Investigation versus Parkash Chand, whereby he stands convicted for having committed offences punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act). He is sentenced to undergo rigorous imprisonment for a period of one year and pay fine of Rs.1,000/ - each and in default thereof, further undergo simple imprisonment for a period of one month on each count.

(2.) IT is the case of prosecution that accused Parkash Chand was posted in the office of Garrison Whether reporters of the local papers may be allowed to see the Engineer, Yol Cantt., as a Clerk in Military Engineering . Services (MES for short). He was dealing with pension cases of employees of MES. Complainant Udham Singh (PW -1) retired from MES on 31.3.2008. In line of recommendations of the 6th Pay Commission, his pension had to be re -fixed. Papers were to be processed and forwarded by the accused. Despite pursuing the matter with the accused, complainant could not get any satisfactory response. On 23.10.2009, accused demanded bribe of Rs.1,200/ - - Rs.1,500/ -, forwarding the pension case of the complainant to the higher authorities. Bargain took place and eventually, amount was settled at Rs.850/ -. Complainant left the office, promising to return with money. Instead, complainant contacted Shri Gurdeep Singh, Head Constable of the Central Bureau of Investigation at Sakoh (Dharamshala) and filed a written complaint, with regard to the conduct of the 25th accused, on October, 2009. Accordingly, FIR No.RCSML2009A0004 of 2009, dated 25.10.2009 (Ex.PW - 8/A), under the provisions of Section 7 of the Act, was registered at Police Station, CBI Shimla. Inspector Shri Avinash Saini (PW -8) proceeded to Yol Cantt., where he met Inspector Shri Ramesh and HC Gurdeep Singh. Also, Inspector Shri K.S. Rana was there. Inspector Avinash Saini then contacted Deputy General Manager, BSNL, Dharamshala as also Chief Officer, UCO Bank and requested them to provide one official each for secret duty. The officials were asked to remain present at HPPWD Rest House, Daad in the morning on 26.10.2009. From there they were to go to the office of the accused at Yol Cantt.

(3.) ACCUSED was charged for having committed offences punishable under Section 7 and Section 1(1)(d) punishable under Section 13(2) of the Act, to which he did not plead guilty and claimed trial.