Manoj Kumar Ohri, J. - (1.) The present appeal has assailed the judgment of conviction dated 22.11.2012 and order on sentence dated 03.12.2012 passed by Special Judge, CBI whereby the appellant was convicted for the offence punishable under Sections 7 & 15 of the Prevention of Corruption Act. He was sentenced to undergo RI for one year under Section 7 of P.C. Act along with fine of Rs.5,000/- in default whereof to undergo SI for one month. The appellant was also sentenced to undergo RI for one year under Section 15 of P.C. Act along with fine of Rs.5,000/- in default whereof to undergo SI for one month.
(2.) For the sake of felicity, the facts of the case as noted by the trial court are reproduced below:- "2. The law was set in motion after Dr. Salim Basha Managing Partner of South Indian Shipping & Export Co. (SISECO) made a complaint to CBI. The complainant was to the effect that SISECO was dealing with clearing and forwarding work and had contract with M/s Tribal Co-Operative Marketing Federation of India (TRIFED). SISECO got custom clearance for TRIFED and raised bills from time to time and also received payment in installments. For custom clearances Rs.46 Lacs were payable by TRIFED to SISECO. Rs. 15 Lacs had been received about three years before making the complaint leaving balance amount of Rs.31 lacs. Managing Director of the TRIFED had informed that payment would be made only after receipt of sanction order from Ministry of Social Justice & Empowerment, Shastri Bhawan, New Delhi. Sanction order was issued by the Ministry of Social Justice to TRIFED. Accused Jahan Singh wanted bribe of Rs.4,35,000/- for early processing of the file. He (Complainant Dr. Salim Basha) recorded the conversation. Accused then agreed to accept Rs. 2 Lacs in advance for processing the file and Rs. 2 Lacs after final approval from the M.D. 3. RC 55(A)/03 was registered. Trap team was constituted. Complainant produced micro cassette containing conversation between him and the accused. Accused had informed the complainant that he would be coming to his hotel room on 17.10.03 at 4 p.m. In room No. 309, South Indian Hotel, Karol Bagh, a video camera was installed and audio recording instrument was provided to the complainant for recording the entire act of demand of bribe. CBI officials were positioned inside the bathroom of the hotel room of the complainant and some officers took position outside. At about 3.40 p.m., accused came to the hotel room and had detailed discussion with complainant in presence of Dr. Shaukatullah Executive Director of SISECO. He agreed to accept Rs.2 Lacs in advance and Rs. 2 Lacs at the time of handing over of draft/cheque of the outstanding amount. The conversation was recorded and heard by independent witness with help of earphones The video cassette was also played which confirmed the demand of bribe. Investigation indicated that accused had also visited Ministry of Social Justice & Empowerment without being authorized to visit and collected copy of sanction letter for release of payment to SISECO. Accused had also made a false entry in the register maintained by TRIFED at S.No. 80 dt. 17.10.03 wherein he had shown the official purpose as visit to LIC Office whereas at 3.40 p.m. he was at South Indian Hotel, Karol Bagh with the complainant. It was prayed that he be summoned and tried for the offences."
(3.) After completion of investigation, a charge sheet was filed against the appellant. On 15.07.2005, the trial court framed the following charge against him: "That you while being employed as Accountant in Tribal Co-Operative Marketing Development Federation of India Ltd. on 16.10.03 at South Indian Hotel, Karol Bagh, New Delhi demanded illegal gratification of Rs. 4 Lacs from the complainant Dr. T. Salim Basha for processing his company's i.e. SISECO file for realization of payment of Rs.31 Lacs and again on 17.10.03 in room No. 309 of the above said hotel you again demanded Rs. 4 Lacs from the above named complainant for the above said purpose, and thereby you committed an offence punishable under Section 7 of Prevention of Corruption Act, 1988 and within my cognizance. Secondly, that on the aforesaid dates, time and place you made an attempt to obtain illegal gratification from the above named complainant and thereby you also committed an offence punishable under section 15 of Prevention of Corruption Act, 1988 and within my cognizance.";