C.P. BORANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The sole petitioner is aggrieved by framing of charges under Ss. 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 coupled with Sec. 120B of IPC by the order dtd. 9/10/2018 passed in Session Case No.20/2015 (19/2008).

(2.) The aforesaid Session Case arises out of FIR No.175/2006 registered on 26/6/2006 with ACB Pali/CPS, Jaipur for the aforesaid offences. The prosecution case is that on the relevant date i.e. 19/6/2006, the petitioner was posted as Manager at Jaitaran Kraya Vikrya Sahkari Samiti. Complainant-Babu Lal Gehlot had performed some contractual work of the Samiti and out of the total bill of Rs.3,87,571.00, Rs.2,30,000.00 was already paid to him. Rs.1,37,571.00 was still due and for release of that pending money, the petitioner was demanding Rs.70,000.00 as bribe. After being harassed for several rounds to get the aforesaid amount released, the complainant agreed to pay Rs.60,000.00 as final settlement. This incident took place on 19/6/2006.

(3.) On the same day, the complainant made a complaint to the Dy. S.P. of Anti Corruption Bureau, who verified the allegation. Conversations were recorded and the trap was arranged on 21/6/2006 for the reason that the complainant had sought for time from the petitioner to arrange the money. When the trap team reached the Office of the petitioner, the petitioner asked Mr. Babu Lal Gehlot to pay the money to Mr. Chola Ram, who was Accountant thereat. The petitioner further stated to Chola Ram to carry money to a relative of the petitioner. Chola Ram asked the complainant to put the money in the carry bag attached with the Motor Cycle and he proceeded. However, soon thereat, the ACB Team intercepted Chola Ram and criminal prosecution was lodged. After investigation, the Police submitted charge-sheet.