PARAM DEV Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) IN this appeal, the appellant has laid challenge to his conviction passed by the learned Special Judge in Sessions Trial No.9 -S/7 of 2003 decided on 4.1.2010, whereby he stands convicted for committing of conspiracy, punishable under Section 120 -B of the Indian Penal Code, read with Sections 7, 13(2) and under Sec. 12 read with Sections 7, 13(2) of the Prevention of Corruption Act, 1988, hereinafter referred as "the Act" for aiding/abetting co -accused an Army Havaldar Surjeet Kumar a public servant in obtaining and receiving illegal gratification other than legal remuneration of Rs.25,000/ -from PW2 Khem Singh for getting appointed his son in the Army and sentenced under the various offences as follows: <IMG>JUDGEMENT_4790_CRLJ_2013.jpg</IMG> All the substantive sentences were ordered to run concurrently. The convict was also held entitled for the benefit of Section 428 of the Code of Criminal Procedure.

(2.) HAVALDAR Surjeet Kumar, the main accused was Clerk in the Army, he being subject under the Army Act, 1950, therefore, vide order dated 3.11.2000, his custody on the request of his Commander was handed over to Lt. Col. Shri MECA Pillay under Section 125 of the Army Act for his trial by the District Court Martial. The learned Additional Solicitor General of India informed that he stood convicted and sentenced.

(3.) AFTER perusing the challan and documents appended thereto, the accused Param Dev was accordingly charge -sheeted for the conspiracy hatched with his co -accused for the offences aforesaid, to which he pleaded not guilty and claimed trial.