Z.U. AHMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 17th February, 2006 passed by the Special Judge, Central Bureau of Investigation, South Bihar, Patna in Special Case No. 66 of 1992/R.C. Case No. 28(A) of 1990. By the impugned judgment, the Court has found the appellant Z.U. Ahmad, a public servant, taking illegal gratification from one B.B. Verma, also a public servant and thereby committed an offence of criminal misconduct by taking money by corrupt or illegal means. The sole appellant has been convicted by judgment and order dated 17.2.2006 to undergo rigorous imprisonment for two years for the offences punishable under Section 7 of the Prevention of Corruption Act (hereinafter referred to as "the Act") alongwith a fine of Rs. 5,000/-. In default of payment of fine, the appellant will also have to undergo rigorous imprisonment for six months. The appellant was further convicted to undergo rigorous imprisonment for three years alongwith a fine of Rs. 5,000/- for the offences under Section 13(1)(d) of the Act. In default of payment of fine, the appellant will also have to undergo rigorous imprisonment for six months. Both the sentences are to run concurrently but the punishment given in form of fine under Section 7 and 13(1)(d) of the Act will be paid by the appellant separately.

(2.) The appellant was a Government servant employed as Assistant Commercial Superintendent, Eastern Railway, Danapur. Bipin Bihari Verma, the complainant, was also a Government servant working as Assistant Parcel Clerk, at Patna Junction.

(3.) The facts in short are that PW-3 B.B. Verma filed a complaint (Exhibit-8) on 18.8.1992 in the Office of the Superintendent of Police, Central Bureau of Investigation, Patna alleging therein that he had received an order of transfer from Patna to Bihta Railway Station on 2.4.1992. Thereafter, he contacted the appellant and requested him to stay/cancel his transfer order. It is alleged that the appellant assured him that he will get his work done with the help of the Senior Divisional Commercial Superintendent and the Additional Divisional Railway Manager. It was during the talks that Z.U. Ahmad disclosed that the Senior Divisional Commercial Superintendent was ready to cancel the transfer of the complainant on payment of Rs. 5,000/-. The complainant expressed his inability to pay Rs. 5,000/- at one go and as such the appellant agreed to receive Rs. 2,000/- as part payment, and the rest amount was to be paid after the issuance of the cancellation order of transfer.