BHARAT BHUSHAN Vs. STATE OF J&K

JUDGEMENT

(1.) This appeal is directed against judgment dtd. 21/2/2011 passed by the learned Special Judge, Anti Corruption, Jammu (hereinafter referred to as the 'trial Court') whereby the appellant has been convicted of offences under Sec. 5(2) read with Sec. 5(1)(d) of J&K Prevention of Corruption Act and Sec. 161 of RPC. Vide the impugned judgment, the appellant has been sentenced to undergo imprisonment for a period of two years and to pay a fine of Rs.5000.00for offences under Ss. 5(2) read with 5(1)(d) of PC Act. For offence under Sec. 161 RPC, the appellant has been sentenced to imprisonment for a period of two years and to pay a fine of Rs.5000..00 In default of payment of fine, the appellant has been directed to undergo a further imprisonment of one month. Both the sentences have been directed to run concurrently.

(2.) The facts giving rise to filing of the instant appeal are that the complainant PW Kulwant Singh approached Vigilance Organization Jammu with a written complaint alleging therein that he has been falsely implicated in a criminal case bearing FIR No. 56/2006 registered with Police Station, Bus Stand Jammu and on 14/11/2006, when he got the bail order from the learned CJM Jammu, he handed over the same to the appellant/accused who was posted as Assistant Sub Inspector of Police at Police Station Bus Stand, Jammu at the relevant time. It was further alleged in the complaint that the appellant/accused was annoyed on going through the bail order and he demanded an illegal gratification of Rs.5000.00 from the complainant. It was also alleged that, on 19/11/2006, he was again called by the complainant to the Police Station and the demand of illegal gratification of Rs.5000.00 was repeated. The complainant is stated to have settled the amount of bribe at Rs.5000.00 with the appellant/accused, whereafter, he lodged a complaint EXP-KS before SSP Vigilance Organization Jammu on 20/11/2006. On the basis of the aforesaid complaint, FIR No. 27/2006 came to be registered by the Police Station Vigilance Organization, Jammu, whereafer, on the same day, a trap was laid by the sleuths of Vigilance Organization who were accompanied by independent witnesses and the complainant. As per case of the prosecution, the appellant/accused was caught read handed while demanding and accepting an illegal gratification of Rs.5000.00 from the complainant. The tainted money is stated to have been recovered from the possession of the appellant/accused. After investigation of the case, the aforesaid offences were found established against the appellant/accused and charge-sheet was laid before the trial Court.

(3.) The charges for the aforesaid offences were framed against the appellant/accused and his plea was recorded. The appellant/accused pleaded not guilty and claimed to be tried. Accordingly, the prosecution was directed to examine witnesses in support of the charges. The prosecution examined as many as 15 witnesses in support of its case. Afer completion of prosecution evidence, incriminating circumstances appearing in the prosecution evidence were put to the appellant/accused and his statement under Sec. 342 of J&K Cr.PC was recorded. The appellant/accused entered upon his defence and examined as many as 11 witnesses in defence. The learned trial Court, after hearing the prosecution and the defence, came to the conclusion that charges against the appellant/accused are established and, accordingly, the impugned judgment/order of conviction and sentence came to be passed.